All appeals filed by the prosecutor against the Defendants are dismissed.

1. Where a person who intends to implement a housing construction project with at least 20 households charged in this case intends to modify the approved project plan, he/she shall obtain approval for modification;

Nevertheless, in the housing construction project plan approved as a patrolman on September 2010, the Defendants: (a) installed the exclusive use area of 28 households in Pyeongtaek Atain, from 18.39 square meters to 17.86 square meters; (b) the exclusive use area of 4 households in Btain, from 19.23 square meters to 24.16 square meters; (c) the exclusive use area of 12 households in Ctain, from 17.35 square meters to 16.67 square meters; and (d) the exclusive use area of 19.71 square meters in Dtain, from 19.95 square meters to 19.71 square meters; and (b) installed the outer wall of the building in the outer part of the building with the outer part of the roof, which is continuous to install pipes and drain pipes on the floor of the parking lot.

As a result, the Defendants conspired to implement the construction work by modifying the project plan without obtaining approval for modification of the project plan.

2. The lower court determined that the total floor area of the changed part in relation to the exclusive use area of the instant building is 43.2 square meters and is merely 43.2 square meters, and thus, approval of the business plan is not required for modification as it constitutes “a modification to minor matters determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs” under the proviso of Article 16(3) of the former Housing Act (amended by Act No. 11243, Jan. 26, 2012; hereinafter the same). With respect to the alteration of outer walls of the building, this constitutes an alteration of outer materials, and there is insufficient evidence that the quality of the changed materials is lower than that of the materials at the time of obtaining approval of the business plan. Accordingly, this part of the changed part constitutes an alteration of minor matters as stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and it is insufficient to recognize that the installation criteria were lower than that at the time of approval of the business plan