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(영문) 전주지방법원 남원지원 2015.05.12 2015고정26

광업법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is prohibited from allowing a third party to exercise his/her mining rights for any reason, as the mining right holder of F of the mining and extraction rights for the mining land register area D located in Jinananan-gun C and Yan-gun.

Nevertheless, on March 13, 2012 and June 8, 2012, the Defendant entered into a joint development agreement with H to the effect that “H shall mine minerals in the Defendant’s mining area (mining area E and mining extraction rightF) under his/her management and pay one-half of the mined minerals to the Defendant,” and that “H shall exercise the Defendant’s mining right, such as extracting and shipping tin minerals from the Defendant’s mining area under his/her management, from around that time to around November 2013, 2012,” and that “H shall exercise the Defendant’s mining right, such as extracting and shipping tin minerals from the Defendant’s mining area under his/her capital and management.”

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including I statements);

1. Statement of the police officer to I;

1. A complaint, an additional complaint, and an additional complaint;

1. A private letter;

1. A copy of the mining concession contract with a K enterprise, a copy of the ordinary mining concession contract, and a copy of the contract for the sales right;

1. Application of statutes to persons who violate the Mining Industry Act, such as arrest notice and public notice of arrest;

1. Relevant legal provisions and the choice of punishment concerning facts constituting a crime under Article 101 (1) 1 of the Mining Industry Act and the main sentence of Article 8 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized all of the crimes of this case and reflects the fact that the defendant is currently aged 71, but it is recognized that the defendant is currently aged 71, and in light of the circumstances of the crime of this case and the expected amount of profit to be acquired as a result of the crime of this case, the amount of fine specified in the summary order of this case

order for any reason above.