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(영문) 부산지방법원 2013.11.21 2013고정1851

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

C is a person who actually runs the “E-sing practice room” located in Busan Geum-gu, and the Defendant is a person who has registered his singing practice room business on behalf of the above C, and is a so-called “bab president.”

The Defendant, through F, received the F’s request from F to “a request to manage the instant singing practice room until the discharge” from the said C, and registered the change of the name of the said singing practice room as the representative of the said singing practice room at the Geum-gu Office located in the Geum-gu, Busan, on October 4, 2011.

Around March 2012, when the Defendant released from the instant karaoke machine and directly managed the said karaoke machine, the Defendant, despite the discontinuance of the management of the said karaoke machine, had C use the Defendant’s name as it was, without being aware of the fact that he would use the Defendant’s name in order to see the Plaintiff’s name.

After that, the pertinent singing practice room was registered in the Defendant’s name, while the singing practice room business operator was not allowed to sell or provide alcoholic beverages, at around July 13, 2012, around 01:30, the said singing practice room business operator sold to G who is a customer of the said singing practice room a beer with the 500c mp residues from the said singing practice room on July 13, 2012, and sold 2 beer 50c mp from the said singing practice room to two customers, such as H, etc.

Accordingly, the Defendant aided and aided the above acts of the above C.

Summary of Evidence

1. Partial statement of the defendant (as of the fifth trial date);

1. Partial statement of the witness F in the court;

1. The police statement of H;

1. G statements;

1. Report on the removal of violating business place;

1. Application of Acts and subordinate statutes to an investigation report (general-Nim G phone statement), investigation report (general) customer H telephone statement, investigation report (general) customer telephone statement, investigation report (general) No. 8 customer telephone statement, investigation report (report on the hearing of statement of a reference witness).

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;