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(영문) 서울남부지방법원 2013.04.25 2012고정3746
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates a singing practice room with the trade name of Gangseo-gu Seoul Metropolitan Government D, and Defendant B is a person who runs a business of a 'news' business to provide a female entertainment loan to a singing practice room, etc. under the trade name of “E”.

1. No defendant A may employ any entertainment business operator nor arrange for any entertainment business;

Nevertheless, at around February 21, 2012, the Defendant received a request from the customer F to deliver a singing singing room from the customer F at the above D's 2 room on February 9, 2012, and had G, H, I, etc. introduced through the above B, provided that 25,00 won per hour is received from the customer, and provided that he/she drink with the customer, or provided entertainment with singing or dancing.

2. Defendant B, from around December 201 to February 9, 2012, without registering with the competent authority in Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government, introduced Domi G and H, etc. to the said entertainment establishments, such as the said Domi G and H, and conducted fee-charging job placement services by receiving KRW 5,000 per hour from such women.

Summary of Evidence

1. Defendants’ respective legal statements (the defendant A is on the fourth public trial date);

1. Legal statement of the witness B;

1. A protocol of examination of part of the prosecution concerning G (including the substitute part);

1. Copies of each protocol of examination of suspect by the prosecution against J or K;

1. Copy of the prosecutor's statement concerning L;

1. The first police suspect examination protocol of G and H each time;

1. Application of the second police interrogation protocol to I to the police interrogation protocol;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 34(2) and 22(1)4 of the Music Industry Promotion Act; selection of fines

B. Defendant B: Article 47 Subparag. 1 and Article 19(1) of the Employment Security Act; selection of fines

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

1. Article 186 (1) of the Criminal Procedure Act bearing litigation costs (Defendant A);

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