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(영문) 서울동부지방법원 2016.07.12 2016고정960
음악산업진흥에관한법률위반
Text

Defendant

A and B shall be punished by a fine of one million won, and each of the defendants C shall be punished by a fine of four million won.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B, around 15:00 on February 24, 2016, at the “E” singing room located in Songpa-gu Seoul Metropolitan Government D2, the Defendant performed an act of drinking with customers, or singing or dancing to encourage customers to provide entertainment (for profit-making purposes).

2. Defendant A, at the above date and time, performed an act of entertainment with customers by drinking alcohol with them, singing or dancing (for profit-making purposes), and Defendant A, at the above time and time, engaged in entertainment with customers (for example, by singing or dancing).

3. A person who intends to provide a domestic fee-charging job placement service is registered with the Special Self-Governing Province branch office, the head of Si/Gun/Gu having jurisdiction over the location of the principal place of business, but the defendant from January 20, 2016 to the same year.

2. Until December 24, 200, the fee-charging job placement service was conducted without the above registration, by introducing the words “F” to singing rooms, etc. and receiving 6,000 won per hour at the referral fee.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A protocol concerning the examination of the police officer in G;

1. Application of statutes governing field enforcement photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A and B: Article 34(4) and Article 22(2) (excluding punishment) of the Music Industry Promotion Act;

B. Defendant C: Article 47 subparag. 1 and Article 19 subparag. 1 of the Vocational Stability Act (Determination of penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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