음악산업진흥에관한법률위반
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
1. Summary of grounds for appeal;
A. The Defendant, as the misunderstanding of the fact, did not intend to arrange for a entertainment loan with G, who is an employee, and recruited to sell alcoholic beverages. G arbitrarily arranged for a entertainment loan without the Defendant and sold alcoholic beverages, and the Defendant was not aware of the sales of alcoholic beverages at all. Therefore, the Defendant did not have intention to arrange for a entertainment loan and sell
Nevertheless, the court below held that the defendant conspiredd with G to arrange for a entertainment loan and sold alcoholic beverages.
Recognizing the facts charged in this case, the court below erred by misapprehending the facts.
B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant also asserted the same purport in the lower court, and the lower court, on this point, acknowledged a public-private partnership with the Defendant, in light of the following: (i) contact with the phone numbers entered in the name cards of G T T T T T T T T Tr; (ii) the Defendant appears to have been in the instant singing practice room at the time of G’s offering of entertainment loans and offering alcoholic beverages; and (iii) it is difficult for G, an employee who does not have only a day after his attendance, to have arbitrarily performed the same act as the facts charged without the Defendant, the main owner of his/her business.
Based on the judgment of the court below, the defendant's above assertion is rejected, and the facts charged in this case are convicted.
Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and the defendant's above assertion is not accepted.
B. The instant crime of determining the illegality of sentencing is an act of arranging entertainment loans to customers and selling alcoholic beverages in the singing practice place where the Defendant is prohibited from selling alcoholic beverages, and thus enhancing the quality of cultural life of the people by promoting the development of the music industry.