The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. An act of allowing the use of a building before obtaining the approval for the use of the building is against the purpose of the Building Act to restrict the use of a building that has not been constructed as designed or has not satisfied adequate quality and safety.

However, the defendants recognize all their crimes and reflect their depth.

There are some circumstances to consider the circumstances in which the defendant used a building prior to approval for use, and the defendant obtained approval for use from the competent authority after about three weeks from the defendant.

Although the defendant made a mistake in advance prior to the application for the approval of the use of the building at the latest, it seems that the use of the building could only be approved if there is no particular problem in the building.

In addition, the defendant does not have the same criminal record.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 110 subparagraph 2 of the relevant Act and Article 22 (3) of the former Building Act (Amended by Act No. 14792, Apr. 18, 2017) regarding criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;