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(영문) 서울북부지방법원 2013.08.28 2013고정2036

음악산업진흥에관한법률위반

Text

Defendant

A A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of five million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No defendant A may employ any entertainment business operator nor arrange any entertainment business, and shall sell or provide any alcoholic beverage;

Nevertheless, at around 22:20 on May 30, 2013, the Defendant: (a) provided the so-called singinging-to-sing-to-sing-to-sing-sing-to-sing-to-sing-sing-to-sing-sing-to-sing-sing-to-sing-s-inging-s-inging-s-inging-

2. A person who intends to conduct domestic fee-charging job placement services shall register with the competent authority.

Nevertheless, the Defendant, without registering with the competent authority from October 2012 to May 22:20, 2013, operated the so-called “report room,” which is fee-charging job placement service, by means of attracting F and G, etc., female workers who will work in singing in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and introducing them to the singing practice room, etc. listed in paragraph (1) using H Costex, and receiving 5,000 won per hour from 1 Doesle under the pretext of introduction.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants, G, and F

1. E statements;

1. Application of statutes, such as site photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 34(2), 22(1)4 (a) of the Music Industry Promotion Act, and Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act (a point of sales of alcoholic beverages);

(b) Defendant B: Articles 47 subparag. 1 and 19(1) of the Employment Security Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;