The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the owner of a concrete building with a total floor area of 994m2m2,000 square meters on the fourth floor located in Seo-gu Daejeon, Daejeon.

Where it is intended to change the use of a building, the use of which has been approved, to the upper facility group, it shall obtain permission from the competent authority.

Nevertheless, on November 19, 2008, the Defendant, without obtaining permission from the head of Seo-gu Daejeon Metropolitan Government, changed the use of 195.41 square meters of the above 4-story 220.38 square meters of the above building, which is a Class II neighborhood living facility under the Urban Management Plan (hereinafter “instant building”), to a dance institute which is an amusement facility.

2. The instant building, which is a building used as a training institute of an incorporated association E (hereinafter “Education Association”), is a building that is used as a training institute of an incorporated association. Since the Education Association provides dance lessons to propagate dance sports at its place, such as presentation meetings, seminars, lectures, and holding various competitions, the instant building does not constitute “a dance institute,” which is a kind of amusement facilities under the Enforcement Decree of the Building Act.

3. Determination

A. According to the evidence duly admitted and examined by this court, the Defendant leased the instant building to F of the Educational Association F without obtaining permission from the head of the Daejeon District Council, which is a space to be used as a training institute for the Education Association Daejeon District Association, and F of the instant building is recognized as having installed the interior facilities suitable for dance sports in the instant building.

B. Determination Domins, ① Article 3-4 [Attachment 1] paragraph (4) (i) of the Enforcement Decree of the Building Act provides that “private teaching institutes, the total floor area of which used for the same purpose is less than 500 square meters, are one of Class II neighborhood living facilities, and excludes dance institutes.” While subparagraph 1(e) of attached Table 1 provides that “a dance institute” as one of amusement facilities, the Building Act does not stipulate any provision on the definition of dance institutes.