Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is the owner of D detached Housing Building in South-gu, Namyang-si, located in the Class 1 district unit planning zone in the urban area.

A building in a district-unit planning zone shall be constructed in compliance with the district-unit plan.

Nevertheless, on November 2015, the Defendant changed the number of households to six households, even though it is a single house that can be installed up to 2 households according to district unit planning by extending the boundary walls of steel reinforced concrete structure in the housing units that are one household, without obtaining permission from the competent authorities.

Summary of Evidence

1. A statement of a person in charge, an investigation report on offenses, and a report on the results of a business trip;

1. A certificate of the building ledger and land use plan;

1. A chief public notification;

1. Application of Acts and subordinate statutes on house photographs;

1. Article 141 Subparag. 3 and Article 54 of the National Land Planning and Utilization Act and the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that the district unit plan at the time of southyang of this case is invalid

A. The gist of the assertion is that the instant housing site is located is designated as the “Class 1 exclusive residential area” under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). The district unit plan publicly notified on October 8, 2015 by the Namyang-ju market, as prescribed by the Enforcement Decree of the National Land Planning and Utilization Act, does not allow multiple houses that are allowed to be constructed in Class 1 exclusive residential areas, and the number of households is limited to not more than 2 households at will while allowing the construction of multi-family houses, the construction of which is not allowed. This is not effective as it goes beyond the scope of delegation by superior statutes.

B. 1) Determination of the content of the instant district unit plan is as follows: (a) the location where the instant housing site is located is designated as a C housing site district within the Class 1 exclusive residential area; and (b) the district unit plan in the Namyang-si.