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(영문) 서울동부지방법원 2014.10.28 2014고단2886

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A is a person who operates a singing practice room with the trade name of 'E' in Gwangjin-gu Seoul Special Metropolitan City D and 2, and Defendant B is a person who operates a news room with the 'E'.

1. Defendant A

A. Although a singing practice room business operator is not allowed to arrange for employment of a entertainment loan, the Defendant violated the obligations of the singing practice room business operator by offering a entertainment loan to F, G, and H, which is a entertainment loan (tentatively referred to as “on-time-time-time-time-time-based-time-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-

B. Although a singing practice room business operator is prohibited from selling alcoholic beverages, the Defendant sold four cans cans to the said customers at the time and place specified in the above paragraph (a). The Defendant sold four cans to the said customers at KRW 14,000.

2. Upon receipt of a request from the head of the competent authority to send a female employee who will come to contact with a customer from around February 2014, the Defendant: (a) from around the end of Seoul Special Metropolitan City Gwangjin-gu I for a singing practice room, the Defendant sent a female employee to a singing practice room as an entertainment loan; and (b) operated a single-use job placement service in which the said female employee would receive a certain fee from the said female employee; (c) on May 31, 2014, the Defendant received a request from the said Plaintiff, a singing practice room business owner, to send the said “E” female-level singing practice room; and (d) sent the said F, G, and H to the singing practice room, and received KRW 25,00 per hour, whichever is 20% of the amount of KRW 5,00 per fee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's statement of the F, G, and H;

1. A protocol concerning the examination of each police suspect against H, F, and G;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 34 (2), Article 22 (1) 4, and Article 34 (3) 2 of the Music Industry Promotion Act;