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(영문) 수원지방법원 2013.10.23 2013고단4358

음악산업진흥에관한법률위반

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Defendants shall be punished by imprisonment with prison labor for four months.

However, as to the Defendants for one year from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

1. Defendant A is a singing practice room business operator who runs a singing practice room business from No. 403 of the C building at Osan-si. A.

Although a karaoke machine business operator is prohibited from selling or providing alcoholic beverages, the defendant A sold alcoholic beverages amounting to KRW 8,000,000 in the instant singing practice room around June 20, 2013.

B. Even if a karaoke machine business operator is prohibited from employing or mediating a entertainment loan, the Defendant A received a demand from E at the time and place specified in the foregoing paragraph (a), to provide a entertainment loan by having F, who is the entertainment loan, drink with E and drink with drinking while receiving KRW 25,00,00 from E at the time and place specified in the said paragraph (a).

2. Defendant B is a person who operates fee-charging job placement services under the name of “G”.

A person who intends to conduct domestic fee-charging job placement services shall register with a Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over

Nevertheless, without such registration, Defendant B introduced “F” as entertainment reception receptionist (one-time), at the time, time, and place specified in paragraph (1) as above, and received KRW 5,000 per hour. Around July 21, 2013, Defendant B introduced two other than FF to entertainment receptionist (one-time flight receptionist) at the I singing practice room located on the H and second floor of Osan City on July 17, 2013. Around 22:40 of the same day, Defendant B introduced one other from J from the I to the entertainment receptionist (one-time flight receptionist) respectively. < Amended by Presidential Decree No. 24505, Jul. 22, 2013; Presidential Decree No. 24574, Jul. 24, 2013>

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol of F, K, L, J, M, or N;

1. Application of Acts and subordinate statutes to written E;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 34(3)2 and 22(1) of the Music Industry Promotion Act.