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(영문) 부산지방법원 2018.09.06 2017고단6204 (1)

음악산업진흥에관한법률위반

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Defendant shall be punished by imprisonment with prison labor for the crimes of the first half of 2017, the second half of 6204, and imprisonment with prison labor for the crimes of the second half of 2018, the second half of 2547.

Reasons

Punishment of the crime

[criminal history] On February 6, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for perjury, etc. at the Busan District Court, and completed the enforcement of the sentence on September 24, 2014. ② On October 23, 2017, the same court was sentenced to 8 months of imprisonment with prison labor for a crime committed after the completion of the enforcement of the sentence, and the said judgment became final and conclusive on February 20, 2018.

The defendant of "2017 Highest 6204" is a person who actually operates C (hereinafter referred to as "D") located in the Geum-gu Busan Metropolitan Government B.

On May 7, 2017, the Defendant, at around 22:00, sold to customers E in the instant singing practice room, provided good offices for entertainment loans for women, and received KRW 165,000 in return, and breached the obligation of the singing practice room business operator.

The defendant of "2018 Highest 2547" is a person who actually operates C (hereinafter referred to as "D") located in the Geum-gu Busan Metropolitan Government B.

A singing practice room business operator shall not sell or provide alcoholic beverages, and he/she shall not drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing in a singing practice place for profit-making purposes, or arrange other persons to provide such acts.

1. On March 3, 2018, the Defendant committed the crime of March 3, 2018: (a) sold the instant singing practice room around 16:00, in a room where he was unaware of the said singing practice room; (b) on March 3, 2018, the Defendant sold the instant singing practice room to four persons, such as F, a customer, at least 8 concurrently.

2. On March 12, 2018, the Defendant committed the crime of March 12, 2018: around 23:00 on March 12, 2018, sold the instant singing practice room 8, and sold to four persons, such as G, a customer, etc., 1 bottled with each other.

3. The Defendant committed the crime of April 1, 2018: (a) around 17:00 on April 1, 2018, sold the instant singing practice room to 8 persons, such as a customer H, etc. 40 bottlers, 40 bottlers, scarbus 1 bottlers, and 1strings; (b) arranged female entertainment loans, and received KRW 370,000 in return.

Summary of Evidence

"2017 Highest 6204"

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. E’s statement, settlement card, and settlement photograph;