The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to Article 76(1) of the misunderstanding of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 71(1)1 of the Enforcement Decree of the same Act, prohibiting the construction of “multi-unit houses” in an area designated as a Class 1 exclusive residential area through a district unit plan (hereinafter “instant public notice”), even though the construction of “multi-unit houses” is not prohibited in a Class 1 exclusive residential area, the remaining Yangyang-ju market was prohibited by the district unit plan (hereinafter “instant public notice”) is going beyond the scope of delegation by superior statutes, and is null and void as it creates a new prohibition without any legal basis.

Nevertheless, the judgment of the court below that the defendant's alteration of the single house in the first-class exclusive residential area into multiple houses constitutes a violation of the National Land Planning Act is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The lower court determined the misapprehension of the legal doctrine: (1) in light of the following: (a) the method, content, and statutory basis for regulating land use in district unit planning and usage areas is different; (2) the National Land Planning Act and the Enforcement Decree of the same Act grant the Mayors/Do Governors, etc. a relatively broad freedom of formation regarding the criteria for restricting the use of buildings in district unit planning; and (3) the district unit planning zone also may be subject to regulation pursuant to the relevant use area; (b) however, the purpose of the regulation pursuant to the relevant use area may be separately restricted for the use of a building permitted in the area or district for the relevant use; (c) in the instant notice, Article 76(1) of the National Land Planning Act and Article 71(1) of the Enforcement Decree of the same Act limit the number of multi-family houses permitted to be permitted in a residential area exclusively for Class I exclusive use; or (d) limit the number of households to not

Even if it violates the upper law or goes beyond the reasonable discretion.