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(영문) 서울북부지방법원 2020.04.22 2019고정1507
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

The defendant is a singing practice room business operator who operates a singing in the name of "C" in Gangnam-gu Seoul Metropolitan Government B.

Even if a singing practice room business operator is not allowed to hire a contact loan, the defendant violated the rules of practice room business operator by arranging a contact loan by allowing it to attend a singing together with D and allowing it to attend a singing with D at around 23:00 on January 28, 2019, by allowing it to pay KRW 30,000 per hour to E who visited the above place upon the request of the customer D.

The defendant and defense counsel asserts that the defendant did not have arranged E as a contact loan.

However, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e.,: ① D consistently stated from the investigative agency to the present court that the Defendant took entertainment in the singing practice room operated by the Defendant, and consistently took place with E, and even in the above singing practice room, E entered the room with the Defendant’s permission and stated that the Defendant would go to the room with the Defendant’s permission, and that the Defendant was forced to go to go to the guest; ② The above statements of E include the contents that the Defendant would be subject to criminal punishment; ② The credibility is high since they include the contents that the Defendant would be subject to criminal punishment; ② E does not gather the Defendant through a false statement; ③ the Defendant was engaged in entertainment in the room of E.

However, it is difficult to understand that the third party entered the room of the customer without the defendant's permission or approval, and that it is difficult to easily understand that the third party entered the room of the customer in the singing practice room operated by the defendant without the defendant's permission or approval, and ④ the violation of the rules of practice of the singing practice room business operator.

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