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(영문) 수원지방법원 평택지원 2014.09.24 2014고단299

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room in Pyeongtaek-si C, and a singing practice room business operator is prohibited from employing a contact loan.

Nevertheless, at around 21:30 on December 28, 2013, the Defendant received a request from E, a customer, to receive 30,000 won per 1 hour of the Domimimimimimimimimimimimimimimi, and paid it to the Domimimimi, and then, the Defendant borrowed the mobile phone (F) in the above name of E from the above E to contact the above mobile phone with the above mobile phone opening businessman, thereby allowing G and H to take the time of the above customers.

Accordingly, the defendant assisted the entertainment loan to customers.

Summary of Evidence

1. Each legal statement of witness E, I and G;

1. The application of the police interrogation protocol of H (The above evidence reveals that the defendant lending his/her mobile phone in the name of E to the news release room business operator, and sufficiently recognizes the fact that the defendant sent his/her mobile phone in the name of E, so that he/she arranged customers to talk

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) despite the fact that the Defendant committed the instant crime again in the absence of the past four times of punishment due to the same mistake; and (b) even if the facts constituting the instant crime are sufficiently recognized, the Defendant did not appear to deny and reflect the facts charged; and (c) other circumstances indicated in the records, such as the Defendant’s age, character