The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Summary of Grounds for Appeal

For the following reasons, the lower court found guilty of the facts charged in the instant case, or erred by misapprehending the legal doctrine.

The alteration of the use of the building of this case is not a matter to be permitted, but merely a matter to be reported, and thus, insofar as the defendant reported the alteration of the use of the current status of the building on June 17, 2014,

Since the building of this case has already been approved for the first-class neighborhood living facilities, it is unnecessary to obtain approval for use separately.

The Defendant did not allow the lessee to use the instant building by occupying lessee E in advance.

Judgment

The summary of the facts charged is a person who owns a warehouse (a storage facility for agricultural machinery) of a size of 205.4m2 in Busan Gangseo-gu.

Since the defendant applied for change of the use of warehouse facilities to Class I neighborhood living facilities (retailing stores) to the head of the Gangseo-gu Busan on June 17, 2014, he/she may not use or allow him/her to use the building unless he/she obtains approval for use.

Nevertheless, from June 18, 2014 to July 12, 2014, the Defendant, without obtaining approval to change the use of the above building, allowed the lessee E to move into the above building.

Accordingly, the defendant used a building without obtaining approval for use.

The lower court found the Defendant guilty of the facts charged in full view of the macroscopic evidence.

Comprehensively taking account of the following facts and circumstances revealed by the evidence duly admitted and investigated by the lower court, the Defendant’s violation of the Building Act with respect to the existing building 200 square meters among the facts charged in the instant case constitutes a case where there is no proof of crime, and the remainder of the extension portion was 5.4 square meters.

In fact, the instant building is deemed to be a “Class 1 neighborhood living facilities” for the main purpose of use, and for the purpose of use, of 200 square meters of ground-1st floor on December 17, 199.