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(영문) 의정부지방법원 2017.11.02 2017노2310
여신전문금융업법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Music Industry Promotion Act, Defendant did not sell both shares to D at the time of the instant case.

Nevertheless, the judgment of the court below that found the Defendant guilty of violating the Music Industry Promotion Act among the facts charged in this case is erroneous in the misapprehension of facts.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. The Defendant also asserted that the aforementioned grounds of appeal are identical to the assertion of mistake of facts.

In full view of the circumstances in the judgment below, the court below held that the defendant sold the share to D at the time of the case.

In view of the facts charged in the instant case, the Defendant’s assertion was rejected by finding the Defendant guilty.

In light of the following circumstances admitted by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding of facts, as alleged by the defendant.

subsection (b) of this section.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

1) At the time of the instant case, the Defendant asserted that D had a direct drinking in the instant singing room, and that D’s drinking was merely an implied drinking (the 29th page of the record of the case and the 3, 4th page of the oral argument from October 17, 2017). However, D merely confirms that he/she purchased one cans, etc. at the instant singing room immediately before entering the instant singing room, and there is no record that he/she paid a large amount of money that he/she could purchase prior to entering the instant singing room (the 20th page of the record of evidence).

2) D The amount of KRW 170,00,00, which was the amount settled at the instant singing room, around October 13, 2016 at an investigative agency around 02:14, 201, is the cost of calculating both the two weeks and the six-six thousand won, which was settled thereafter, is the cost of singing, and 120,000.

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