The defendant shall be innocent.

1. Around April 5, 2016, the Defendant did not report to the competent authority, and had D, the lessee, extend the prefabricated-type panel’s 19m2 to use it as a restaurant’s main facility in Yansan-gu, Jeonju-si.

On the third trial date, the prosecutor applied for the permission of modification of the indictment with the above contents, and this court permitted it.

2. The defendant's assertion and judgment

A. The gist of the assertion is that the Defendant did not allow D, a lessee, to extend the size of 19 square meters by prefabricated-type panel.

B. Determination 1) The instant case is a case prosecuted on the premise that the Defendant had extended 19 square meters of a prefabricated-type panel in the prefabricated-gu Seoul Special Metropolitan City, Jeonju-si (hereinafter “instant building”).

In doing so, the defendant asserts the above and denies the contents of the suspect interrogation protocol against the defendant in the preparation of the police, and thus, the above suspect interrogation protocol is inadmissible, and there is no evidence to prove otherwise that the defendant committed the act in this case.

Accordingly, at the third trial date, the prosecutor changed the indictment to the effect that the defendant had the defendant conduct such an act “D”.

2) However, D appears to have received the understanding of the Defendant, who is the owner of the building, at the time of removal, after being reported two times to the instant building, all of which were removed at its own expense and re-explosed, and re-explosed after removal.

However, in full view of the relationship with the defendant and D or the process of restitution after the case, it is nothing more than the extent that D is permitted in advance so that there is no dispute regarding the issue of restitution after the termination of the lease in the future, and the defendant also does not prevent the lessee from working as the lessee at his own risk burden, and it is better that D continues to engage in the business after the fine is imposed in consideration of the cost of the removal of the building or the business loss.