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(영문) 수원지방법원 안산지원 2016.07.20 2016고정423
음악산업진흥에관한법률위반
Text

Defendant

A A shall be punished by a fine of 2.5 million won, and Defendant B shall be punished by a fine of 7.5 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[2016 High Court Decision 423]

1. Defendant A is a person who operates a singing practice hall in Ansan-si, Ansan-si.

A singing practice room business operator shall not sell or provide alcoholic beverages, or drink alcoholic beverages with customers in a singing practice place, or arrange customers to provide entertainment services by singing or dancing in a singing practice place for profit.

A. On February 11, 2016, around 23:40 on February 11, 2016, the Defendant sold four cans, which are alcoholic beverages, to customers with no name, four cans, and one cans, which are alcoholic beverages, to total sum of 20,000 won.

B. Defendant 1 sent to B the date and time set forth in the above paragraph (a) and at the place of the request of his name in favor of customers, who are demanded to give the help to them.

In response to the request by telephone, the act of entertainment among customers was arranged for the purpose of profit-making by allowing a customer to drink with his/her nameless customers and singing together with E, F, G, and H, and by arranging the entertainment of customers.

2. A person who intends to operate a fee job placement service for Defendant B shall register with the competent authorities.

Nevertheless, the Defendant, without registering with the competent authorities, introduced E, F, G, and H at the date, time, place specified in paragraph 1 above, and provided a paid job placement service, such as introducing E, F, G, and H to receive KRW 9,00 per hour.

[2016 High Court 842] A person who intends to run a fee job placement business shall register with the competent authorities.

Nevertheless, Defendant B did not register with the competent authorities on January 28, 2016, and had paid job placement services, such as introducing L and M to K at the Sing practice place in Ansan-si, Ma and receiving KRW 9,000 per hour.

Summary of Evidence

[2016 High Court Decision 423]

1. Defendants’ respective legal statements

1. A, E, F, and G: Each protocol of suspect examination of the police involved in A, E, F, or G [2 high time 842];

1. Defendant B’s legal statement

1. Application of Acts and subordinate statutes to each protocol concerning the interrogation of police suspects against K, L, or M;

1. As to the facts constituting the crime, the pertinent legal provisions and the choice of punishment (the Defendants) are as follows.

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