Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On October 21, 2011, the Defendant is a person who has been awarded a successful bid for a building (ground2, ground7 floors) located in Seocheon-si C and completed the registration of ownership transfer on April 4, 2012.

A person who intends to change the use of a building for which approval for use has been granted shall obtain permission from the head of the Si/Gun/Gu or file a report.

Nevertheless, from April 4, 2012 to October 2, 2012, the Defendant, without reporting, changed the use of a Class II neighborhood living facility (office, private teaching institute) with an area of 571.59 square meters from the second floor to the fourth floor of the above building without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A statement prepared by the F;

1. Current status and photographs of the violated building;

1. The ordinary building ledger;

1. Confirmation of land use plan;

1. The defendant and his defense counsel asserts to the effect that "the defendant has been awarded a successful bid on a building whose purpose of use has already been changed in the auction procedure, and did not do so on his own, so the defendant must be acquitted."

However, it is also recognized that a successor to a building, the use of which has already been changed, continues to be used for the changed purpose, constitutes an alteration of the purpose of use under the Building Act (see, e.g., Supreme Court Decision 92Do1647, Sept. 22, 1992). According to the above evidence, it is recognized that the defendant continued to use the 2, 3, and 4th, which had already been changed to a house during the period specified in the above criminal facts, by leasing it to a third party without restoring it to the Class II neighborhood living facilities (office, private teaching institute)

Application of Statutes

1. Relevant Article 108 (1) and Article 19 (2) 2 of the Building Act concerning facts constituting an offense and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;