The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of legal principles) even if the Defendant’s change of use in the instant case constitutes “change of the purpose of use in the same facility,” as prescribed by Article 19(3) of the Building Act, this constitutes an error of law by misapprehending the legal principles and adversely affecting the conclusion of the judgment, even though the Defendant still becomes subject to punishment pursuant to Article 8 of the Addenda to the former Building Act (amended by Act No. 12701, May 28, 2014) and Article 108(1) of the former Building Act (amended by Act No. 12701, May 28, 2014; hereinafter “former Building Act”).

2. Determination

A. The summary of the facts charged in the instant case is the owner of the C building 808 in Namyang-si, and the president of the D Nursing Institute.

A person who intends to change the use of a building approved for use shall obtain permission from, or report to, the competent authority.

The Defendant did not report to the competent authority on March 12, 2013, and obtained permission for the size of 8.28 square meters by dividing a part of 808 square meters around March 12, 2013 into 808-1, but used it as a school room of D Nursing Institute, which is an educational and research facility, from February 2, 2015.

Accordingly, the defendant did not report to the competent authorities, but changed the use of the building.

B. The lower court rendered a judgment that acquitted of the facts charged in the instant case on the grounds stated in its reasoning.

(c)

Article 108(1) of the former Building Act provides that “A person who changes the purpose of use in violation of Article 19 shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 50 million won.”

Article 108(1) of the former Building Act, amended by Act No. 12701 on May 28, 2014, which entered into force on the same day, provides that “Any person who changes the purpose of use in violation of Article 19(1) and (2) shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 50 million won.” The existing violation of Article 19(3) was changed to the subject of imposition of a fine not exceeding two million won under Article 113(1)1-2 of the Addenda, and Article 8 of the Addenda (the conversion of a fine for negligence under penal provision).