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(영문) 서울중앙지방법원 2014.02.13 2013노2231

음악산업진흥에관한법률위반

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (fact-finding) was proposed by the Defendant in Gangnam-gu Seoul Metropolitan Government to offer a monthly salary if he/she works in the “C karaoke machine” of the first floor of the Gangnam-gu Seoul Gangnam-gu D (Seoul) that he/she additionally accepted. On August 14, 2012, the Defendant: (a) provided good offices to customers for entertainment and sold alcoholic beverages; (b) did not work in the “C karaoke machine” after being discovered as suspected of violating the Juvenile Protection Act and the Music Industry Promotion Act; and (c) the police did not grasp the seller or operator after regulating the sales of alcoholic beverages in the “C karaoke machine” on the day of the instant case; and (d) the Defendant was indicted as a karaoke machine business operator on the basis of the details of the transfer control without understanding the operational relationship, etc.; (c) the lower court found the Defendant guilty of the facts charged; and (d) did not err by misapprehending the facts.

2. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the grounds for appeal, the defendant came to know of the first instance court and the court below, and developed into a relationship with the defendant's family. The defendant invested KRW 40 million in accepting "C singing practice room" on April 2012 upon the first instance court's request by I, and ② since I operated "C singing practice room" at the time of "C singing practice room" in Gangnam-gu Seoul at the time of "C singing practice room," the defendant was directly managing and operating "C singing practice room", but the defendant was to receive KRW 1.5 million per month, but did not make profits, and therefore, I did not make profits. The defendant sent money to the defendant's family members on behalf of the defendant, ③ The defendant assisted the minors by having a contact with the minors through a news report on August 14, 2012, and was found to have violated the Juvenile Protection Act and was found to have violated the Music Industry Act.

참조조문