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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the owner of D’s mine site located in South and North Navy C (hereinafter “mining site”) and E manages the said mine site. The Defendant and E obtained permission for temporary use of the said mine site from March 26, 2010 to February 28, 2015 from the office of Maritime Affairs and Fisheries to the office of Maritime Affairs and Fisheries, and engaged in mining of minerals, such as tideland, in accordance with the Mining Industry Act.

1. Violation of mountainous district management;

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

Nevertheless, from May 2014 to May 2014, the Defendant instructed E to use the land of the Republic of Korea, which was used as the access to the site of the said mine, without obtaining permission for temporary use of the land of the said mine, and E to expand the width by using the existing access path to the said land without obtaining a permission for temporary use of the number of the Navy, and then temporarily use the land of 600 square meters from May 2014 to June 2015 as the access road for the extraction of mineral water.

(b) 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 types, areas, etc. of the mountainous district prescribed by Presidential Decree

In this regard, the defendant applied for the extension of the period of temporary use of the mountainous district to the Korea Gun Office in February 17, 2015 in preparation for the termination of the period of permission for temporary use of the mountainous district on the above mining site as above on February 28, 2015. However, on March 19, 2015, on the ground that the access roads to the mountainous district owned by the above G G forest community did not obtain consent from G forest community, the defendant was notified of the rejection of permission for temporary use of the mountainous district from the Korea Gun Office in March 19, 2015, and even on March 26, 2015, the defendant was notified of non-permission from the Korea Gun Office.