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(영문) 광주지방법원 해남지원 2015.09.24 2015고단295
농지법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person in charge of the operation of E in Jeonnam-Gun D (hereinafter “mining site”), and F is the actual owner of the above mine. The Defendant and F obtained permission from the office of Maritime Affairs and Fisheries from March 26, 2010 to February 28, 2015 for the temporary use of the above mining site from the office of Maritime Affairs and Fisheries to the office of Maritime Affairs and Fisheries from February 26, 2015, in the above mining site, the Defendant engaged in mineral extraction work, such as tideland, in accordance

1. Violation of the Mountainous Districts Management Act;

(a) A person who intends to temporarily use a mountainous district for the purpose of mining minerals, etc. under the Mining Industry Act shall obtain permission from the competent authority according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree;

Nevertheless, from May 2014 to May 2014, the Defendant received an order from F to use the G land of Jeonnam-gun, Nam-gun, which was used as an entry into the said mine site from F without permission for temporary use of the said mining site. After expanding the width of the existing access road to the said land without permission for temporary use of the Y, the Defendant used the said land as an entry into the mining site for mining minerals and temporarily used the mountainous district from May 2014 to June 2015.

(b) A person who intends to temporarily use minerals for the purpose of mining, etc. under the Mining Industry Act shall obtain permission from the competent authority according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree;

However, the Defendant applied for the extension of the period of temporary use of the said mine site on February 17, 2015 in preparation for the expiration of the period of permission for temporary use of the said mine site as seen above on February 28, 2015, but was notified by the Maritime Affairs and Fisheries Office of the refusal of the extension of the period of temporary use of the said mine site on March 19, 2015 on the ground that the said H forest site entered the mine site owned by the said H forest zone did not obtain the consent of the H forest community. The Defendant was notified by the Maritime Affairs and Fisheries Office of non-permission on March 26, 2015.

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