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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The Defendant was unaware of the fact that the lessee was unable to unlawfully divert the use of a plastic house for other purposes, such as a warehouse, by using the plastic house for other purposes, not for flowering, or not for aiding and abetting the alteration of the use of the building.
The punishment (fine 7 million won) imposed by the court below on the defendant is too unreasonable.
Judgment
In full view of the following facts and circumstances acknowledged by the lower court and the first instance court as to the assertion of misunderstanding of facts, the Defendant may fully recognize the fact that some lessees concluded a lease contract with the knowledge that they would use a vinyl house for purposes other than influence, such as a warehouse, and that the alteration of use of a building was easy by the method of
The operator of H’s “H”, who imports steel products and cleaning goods and supplies them to the agency, notified the Defendant to use them as a warehouse, concluded a lease agreement with the vinyl (J and K) in the instant flower complex, and also issued tax invoices in the name of H, but stated that the Defendant would enter his trade name into “AO” in accordance with the Defendant’s proposal when preparing a lease agreement.
The instant chemical complex, such as R Q, construction materials suppliers, and S (Zho), which operated the “AP,” was used for purposes other than flowering purposes, and all seven lessees, who were ordered to take corrective measures from the plane captain group, stated in the attached list of crimes in the judgment below, to the same effect as the above I.
The lessee, who used the vinyl complex for other purposes, used the vinyl complex for other purposes, has stored stone, stowings, steel products, and other construction materials outside the plastic house, and, even in cases where only the inside of the plastic house is used as a warehouse, the vehicle moving the warehouse’s materials entered the warehouse, and therefore, the lessee was present at the sales office in the plastic Complex every day.