The defendant shall be innocent.

1. No person prosecuted shall construct a building, change the use of a building, install a structure, change the form and quality of land in a development restriction zone without permission;

Nevertheless, the Defendant did not use the area of 66.00 square meters of buildings B and C, which was permitted as agricultural product storage storage, as an agricultural product storage facility, around May 2014, and used it as commercial warehouse necessary for commercial distribution business for profit-making purposes.

2. Determination

A. The evidence requested by the prosecutor alone is insufficient to recognize that the defendant changed the use of the warehouse of this case, and there is no other evidence to prove otherwise.

In other words, according to the statement of the police interrogation protocol against the defendant, it is difficult to view that the use of the warehouse of this case was changed solely with the internal deliberation that the defendant tried to engage in distribution business as long as he/she did not engage in distribution business in the warehouse because he/she loaded steel in the warehouse but failed to engage in distribution business. Thus, it is difficult to view that the use of the warehouse of this case was changed solely by the internal deliberation that the defendant tried to engage in distribution business as long as he/she did not operate distribution business in the warehouse of this case.

However, according to the statement of the police interrogation protocol against the defendant and the statement of the illegal investigation report, it is recognized that the defendant has several items, such as a chair, leg, etc. in a warehouse, but it can be viewed that he was placed without using a warehouse, rather than using a warehouse, in light of the number of items kept.

B. Even if the Defendant’s act of having several objects, such as a chair, leg, etc. in a warehouse is changed of use, such act constitutes a minor act prescribed in Article 12(4) of the Act on Special Measures for Designation of Development Restriction Zones and Article 12 of the Enforcement Rule of the same Act.

In other words, development restriction zones.