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(영문) 의정부지방법원 고양지원 2017.08.10 2017고정730

여신전문금융업법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From October 2005 to December 201, 2016, the Defendant operated “C Sing practice hall” on the fourth floor of the 405th floor of the Dong-gu Seoul Metropolitan City B building in Goyang-si.

1. On October 13, 2016, the Defendant violated the Act on Specialized Credit Financial Business: (a) around 03:42, the Defendant provided KRW 100,000 in cash to D, excluding fees, even though he did not sell any goods or provide any services to D, singing customers.

Accordingly, the defendant used credit cards by pretending the sale of goods or provision of services.

2. A singing practice room business operator who violates the Music Industry Promotion Act shall not sell or provide alcoholic beverages;

Nevertheless, on October 13, 2016, the Defendant sold alcoholic beverages of KRW 170,00,000 to D, who entered a customer on October 13, 2016.

Summary of Evidence

1. The defendant's legal statement (limited to the facts constituting the crime of paragraph (1) of the judgment);

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

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A protocol concerning the examination of suspect of each police station against D;

1. A card use statement [D] Around October 13, 2016, the police and the prosecution consistently stated that it conforms to the facts charged in relation to the content of KRW 170,000, which was settled by E’s credit card (Article 134, 165, and 223 of the investigation record). The Defendant asserts that the above KRW 170,000 is a singing fee and a drinking water.

However, the Defendant did not memory the payment details of the above KRW 170,000 in the police.

Only the statement was made (No. 179-180 of the investigation record). At the time, the defendant stated the same amount of KRW 76,00 that was settled at around 03:30 of the same day and KRW 120,00 that was settled at around 03:42 of the same day as D.

Therefore, this part of the facts charged can be fully acknowledged according to the above evidence, including the statement of credibility D.

Application of Statutes

1. Criminal facts;