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(영문) 인천지방법원 2014.03.25 2014고정781
음악산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant, who violated the Employment Security Act, operated a sidewalk with the trade name “B” without being registered with the competent authority from May 2013 to 21:30 on May 23, 2013, operated the sidewalk, and introduced it to singing rooms, such as “H practice room” under the following, by having the said female helpers drink drink drink drink to drink with their customers or dance together. The Defendant received KRW 5,000 per hour, when the said female guests received KRW 25,00 per hour.

The Defendant did not register the fee-charging job placement service with the competent authority.

2. On May 23, 2013, the Defendant, in violation of the Music Industry Promotion Act, assisted the entertainment of K et al., a guest, who found a place for profit-making purposes in the “Hing practice room” operated by the J in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each statute of the suspect examination of J, C, E, D, F, L, or G

1. Relevant legal provisions for facts constituting an offense, subparagraph 1 of Article 47, Article 19 (1) of the Employment Security Act (a point where a person conducts free or fee-charging job placement services), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act (a point where a person acts as an intermediary for singing practice room) and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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