Where a mining right holder or mining concession holder who has obtained authorization for a mining plan in order to mine minerals under the Mining Industry Act intends to collect earth or stone containing such minerals in the authorized mining area in order to use or sell them for purposes other than mining, he/she shall obtain permission for earth or stone.

D Co., Ltd. operated and managed by the Defendants only obtained permission for temporary use of a mountainous district in order to mine sacheon Minerals from the Gunsan-si, a quasi-preserved mountainous district, and did not obtain permission to collect earth and stones.

Nevertheless, around July 1, 2018, the Defendants conspired and entered into a contract with the operator of the limited liability company E, a aggregate wholesaler and retailer, to supply soil and stone containing 12,000 cubic meters of lab and 12,000 cubic meters of lab. From July 2, 2018 to July 3, 2018, the temporary use of the land for the extraction of lab minerals from the mine of the company D, a corporation located in Si, Si, Si, Si, Gun, where the temporary use of the land for the extraction of lab minerals from July 2, 2018 to July 3, 2018, the lab is 1,3777 in the bill of indictment, but the lab is 1,3777 in the letter of indictment

After extracting and crushinging beer in cubic metres, around July 6, 2018, around July 17, 2018, and around July 18, 2018, it transferred to 25.5 tons of truck sent by a aggregate business operator at the same place as before July 18, 2018.

As a result, the defendants collected earth and stones containing minerals from the authorized mining area in order to sell them for purposes other than mining in spite of the fact that the defendants were authorized to extract minerals without obtaining permission for collection of earth and stones in collusion.

2. Determination

(a) Article 53 (Penalty Provisions) of the Management of Mountainous Districts Act shall be as follows: