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(영문) 의정부지방법원 2016.12.15 2016고정1361

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 21:00 on July 11, 201, the Defendant: (a) received a request from three persons, such as E, F, G, etc., the customer, and (b) received a request from three persons, namely, “Dnorogate” located on the first floor C underground, which he/she operates; (c) provided four persons, who are in the name of the defendant, and provided them with the 25,000 won per hour, and provided them with entertainment with singing and dancing; and (d) provided them with an entertainment service.

Summary of Evidence

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

1. A report on investigation (including cash withdrawal);

1. 112 Report disposal slips;

1. On-site images (the defendant and his defense counsel claimed that the female friendship of this case was E, and that the defendant did not arrange for a loan. The following circumstances acknowledged by the evidence of the judgment, namely, the witness E, F, and G, including the drinking value and entertainment loan costs, are inconsistent with each other. However, this is deemed to be due to the fact that E, etc., at the time of the instant singing session, was unable to accurately associate with the detailed part, and at least the part where E, etc. arranged for a loan in this case and play together, and the part where the defendant paid the loan to the defendant was consistently stated (on-site E withdraws KRW 20,000 for each cash around 19:36 and around 21:07 on the day of the instant case).

2) At the time of the instant case, there was a dispute as to the extension of the hours of singing and the amount of alcohol between the Defendant and E (i.e., the Defendant) and the value of singing (i.e., the table and harmony exceeded).

(2) On the day of the instant case at around 23:25, G reported to the police to the effect that the Defendant received KRW 25,000 per hour and arranged four persons from the scene, and the Defendant left the scene (the Defendant, at the police station, joined with other singing users, and the Defendant stated that he was evacuated with the women who are other singing users, but the women who were first viewed in the singing room are E.