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(영문) 의정부지방법원 2018.09.13 2018노596
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal (misunderstanding of facts) is as follows: D, together with his/her customers, did not act together with them; and the Defendant did not arrange for a loan to the said customers.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below and the court below, it is difficult to believe that the defendant's testimony of the witness D of the court below and the witness J of the court at the time of the instant case, which are consistent with the above argument by the defendant, is hard to believe. Rather, according to the witness's partial statement of each of the above witness, witness E's statement, etc., the defendant's argument is not reasonable.

① The J and D stated that the court below did not have friendship with each other in the court of original instance, and that they had been made several faces to customers and employees, and the J made a statement to the effect that D was unaware of the past circumstances that D had engaged in singing practice.

Nevertheless, it is difficult for the J to formally pay back to D the same as “the role of singing in return for money” that D has accepted.

② D stated that he/she went to singing together with his/her words, and that he/she was only J while doing his/her account in a knicker after they go to singing.

On the other hand, the defendant's statement that D, alone, has been playing in singing, does not coincide with the statements of both parties on this part.

Not only D’s statement that a person receives a different kind of money and play, but also D’s statement that he/she received a different amount of money, but also D’s statement that he/she, without any particular use, became a member of the customer, is difficult to understand with the Defendant’s statement that he/she became a member of the singing room.

③ A police officer E who was dispatched to the instant singing room upon receipt of a report of 112 that “to employ a person on a singing room” refers to the test to acknowledge that the Defendant “to have impliedly taken alcoholic beverages into the singing room.”

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