The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant’s act constitutes a violation of the building report.

Nevertheless, the court below erred by misapprehending the legal principles in recognizing the Defendant’s act as a violation of construction permit.

B. The sentence of a fine of KRW 1.5 million sentenced by the lower court is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The summary of the facts charged is that the Defendant, from June 2012 to June 2015, operated a mutually cafeteria called “D cafeteria” in Gwangjin-gu Seoul Special Metropolitan City, and E is the owner of the said building.

On June 2012, without obtaining permission from the competent authority, the Defendant opened the above restaurant and opened it on the outer wall of the first floor, set up a pipe pole on the outer wall, and installed a roof and a wall with a tent, thereby extending the building amounting to approximately 27 square meters in the floor area, and E allowed the above extension.

Accordingly, the defendant and E were constructed without the permission of the competent authorities.

(b) The main sentence of Article 11(1) of the Building Act that intends to construct or repair a building shall obtain permission from the Special Self-Governing City Mayor, a Special Self-Governing Province branch office, or the head of a Si/Gun/Gu.

Article 14 (1) 1 provides that "A building subject to permission under Article 11 shall be deemed to have been granted a building permit if it is reported to the Special Self-Governing City Mayor, the Special Self-Governing Province branch, or the head of a Si/Gun/Gu, as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport, in any of the following cases:

1. Extension, remodeling, or reconstruction the total floor area of which does not exceed 85 square meters: Provided, That in cases of a building with at least three floors, the total floor area to be extended, remodeled, or reconstructed shall be limited to cases where the total floor area of the building does not exceed 1/10 of the total floor area;

"........"

Meanwhile, Article 108(1) of the Building Act violates Article 11(1), and Article 111(1) of the Building Act violates Article 14.