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(영문) 의정부지방법원 고양지원 2018.10.12 2018고단1414

음악산업진흥에관한법률위반등

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Defendant 1 who violated the Music Industry Promotion Act is a music practice room operator who operates singing rooms with the trade name “F” on the fifth and fifth floor at the time of strike.

The Defendant stated in the written indictment on January 5, 2018 as “ January 5, 2017.” However, according to the records, it is apparent that it is a clerical error in the “ January 5, 2018,” and thus, ex officio correction is made.

23:40 At around 23:40, 12 cans were sold to customers at 48,000 cans.

B. When a criminal was at the place where he would be subject to criminal punishment and administrative disposition by selling alcoholic beverages as stated in Paragraph 1-A, the Defendant: (a) on January 6, 2018; (b) around January 18:17, 2018, the Defendant provided that “A customer, as a singing employee, requested a customer to provide alcoholic beverage and sold it to the customer.”

In other words, upon the request of the second request that the fine be paid on behalf of the person in question, the said B had the person in question make a false statement, and had the person in question undergo an investigation into the Gyeonggi-Pacific Police Station and an economic 2 Team office on February 6, 2018 as if the person in question sold alcoholic beverages in singing, and instigated the person in question to avoid an investigation.

2. Defendant B, in accordance with the above A’s teacher, was investigated by the Gyeonggi-do Police Station Investigation and Economic 2 Team Office at around February 6, 2018 at the 140 Gyeonggi-do Police Station and around February 6, 2018, Defendant B, despite being aware that A had sold alcoholic beverages in singing, made a false statement as if he had sold alcoholic beverages to customers in singing practice, thereby allowing A, who committed a crime equivalent to a fine or heavier punishment, to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect against the defendant B;

1. A report on investigation (to hear statements by a police officer called the scene and report thereon);

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 34(3)2 of the Music Industry Promotion Act and Article 22(1)3 of the same Act (a)