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(영문) 서울북부지방법원 2017.01.12 2016고정2291

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a singing practice room that operates D’s singing practice hall on the Seoul Special Metropolitan City, Nowon-gu, and the first underground floor.

No sing practice room business operator shall employ any entertainment loan or arrange it.

Nevertheless, on August 22, 2016, the Defendant: (a) received a demand from customers in the instant singing practice room to give a letter to customers; (b) received a demand from customers; and (c) offered a loan to customers by allowing them to pay KRW 30,000 per hour to customers via E-mail of the B’s operation; and (d) introduced them to customers to provide dancing and singing.

2. Defendant B is a person who operates a news reporting room in Seoul Special Metropolitan City, Nowon-gu, with the trade name of E.

A person who intends to provide domestic fee-charging job placement services shall register with a branch office of a Special Self-Governing Province having jurisdiction over the location of the main office.

Nevertheless, the defendant did not register with the head of the competent office, and from January 2016, the same year.

8. Until December 22, 200, the Seoul Special Metropolitan City Nowon-gu (Seoul Special Metropolitan City Nowon-gu) offered good offices in a nearby singing practice room with an introduction fee of KRW 30,000 per hour and received 7,000 among them as good offices and provided a fee of KRW 7,000 among them.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants, F, and H

1. Application of Acts and subordinate statutes to DNA sing photographs and registration certificates;

1. Article 34(2) and Article 22(1)4 of the Music Industry Promotion Act; Defendant A who selects a fine: Articles 47 subparag. 1 and 19(1) of the Act on the Employment Stabilization; Selection of a fine; Selection of a fine; Articles 47 subparag. 1 and 19(1) of the Act on the Employment Stabilization;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act