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(영문) 의정부지방법원 2013.12.04 2013노520
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and EF have contacted each other between G, H and the original known, and even though the Defendant did not have arranged as a contact loan, the lower court determined otherwise by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below and the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined at the court below, namely, ① the defendant acknowledged the fact that the defendant arranged E and F as a contact loan at the time of interrogation of the prosecution, ② also recognized the fact that it was controlled by the sale of alcoholic beverages on the day of the instant case and the intermediation of help, ② stated "TC 20,000 won (price per person)" in the column for several rooms including E and F rooms at the time of the instant control, and the defendant did not continuously reverse and clearly explain the statement. ③ At the time of the control of the instant case, the defendant stated a confirmation to the effect that "I want to receive KRW 20,000 from the owner of the instant case after the completion of time," and that "I wish to keep his clothes and singing in the prosecutor's office and investigation agency, which had been different from the E-U.S. on the day of the instant control, and that I wish to have different from the E-U.S. testimony and statement from the E-U. on the day of this case.

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