Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the owner of building with the second floor of D and its ground in Namyang-si, Namyang-si, the land within the development restriction zone.

No one shall construct any building, alter the purpose of use, install any structure, change the form and quality of land, etc. in a zone subject to development restriction without obtaining permission from the competent authority.

Nevertheless, on October 15, 2014, the Defendant used the first floor (300 square meters) of the above building and the second floor (240 square meters) of the above building, which is a 1st class neighborhood living facility for retail store use in the above land and building without obtaining permission of the Namyang market in the above land and building, as a storage of goods, and newly constructed a storage (291 square meters) of steel-frame structure on the above land, which is an open parking place adjacent to the above building, as a storage of goods.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. The defendant and the defense counsel asserted that, when permission was obtained for the use of a shop and office, the storage of the so-called "refes" in the above retail store and office would not change the use of the building without permission, and would not change the use of the building.

However, according to the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”), the Enforcement Decree thereof, and the attached Table 1 of the Enforcement Decree of the Building Act, clearly classify a office, retail store, and warehouse use. The change of use is prohibited except where the use can be changed with the permission of the competent authorities under the laws and regulations of the Development Restriction Zones. The change of use of a building, such as a factory, in a development restriction zone, shall be subject to the permission of the competent authorities.

Therefore, the defendant's use as a warehouse that keeps the original unit without permission, even though he/she is a retail store or office shop.