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(영문) 수원지방법원 성남지원 2014.09.30 2014고정372
음악산업진흥에관한법률위반
Text

The defendant shall be innocent.

Reasons

The Defendant is a person who operates a singing practice room with the trade name of "Ding practice room" on the first floor of Seongbuk-gu, Seongbuk-gu, Sungnam-si.

At around 22:00 on June 19, 2013, the Defendant: (a) received 30,000 won for cans, which are alcoholic beverages, from E and F, and sold them to E and F, who are customers; (b) received a demand from the above E and F to provide a loan, and (c) received a demand for a loan from two persons with a personal infinite loan from E and F, and (d) received 75,000 won from E and provided a loan to two persons with a contact loan.

Judgment

As evidence consistent with the facts charged in the instant case, there are the police and prosecutor’s protocol, F’s legal statement, police and prosecutor’s interrogation protocol against F, and F and E’s statement are underground; F and E are the same as the singing room inasmuch as Dnocom room operated by the Defendant (hereinafter “instant singing room”) enters the entrance of the building, and there are stairs going under the right and going under the ground, and they are located at the entrance of a singing room, and they are located at the entrance of a singing room, and they are the same as the singing room.

However, each of the above statements of F and E cannot be trusted in the following respects, and there is no other evidence to prove the facts charged.

1F stated in this Court that the singing book he had come with E was the first place and was unable to memory one’s trade name. At the last time, E went to the scene of the instant case to secure evidence on the case in which he assaulted himself, and that the instant singing book was specified as the place where the instant singing book was created, just like the location of the instant singing book, the structure of stairs, and neighboring commercial buildings, etc. of the same way as the singing book he memoryd.

E stated that at the time of the initial statement by the police, the case was heard, but after which the public prosecutor specified the instant singing room as the place of occurrence of the case, it seems that E said that the place of occurrence of the instant case was a Dmine at the time of police investigation.

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