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(영문) 수원지방법원 2019.03.28 2019고단72
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No defendant A may employ any entertainment business or offer good offices for a karaoke machine business operator;

At around 03:32 on March 25, 2018, the Defendant, who operated a singing practice room with the trade name “D,” in Suwon-si, Suwon-si, the Defendant breached the obligations of the karaoke machine business operator by allowing F (the age of 21) to receive KRW 30,000 per hour from a male guest E to receive KRW 30,00 per hour, and to encourage the said guest and alcoholic beverage to provide entertainment to customers.

2. A person who intends to conduct domestic fee-charging job placement services shall register with the Special Self-Governing Province Mayor/Si/Gun/Gu having jurisdiction over the location of the main office.

Nevertheless, without being registered with the competent authority, the Defendant operated a news report with the trade name “G” from February 2, 2018 to March 25, 2018, the Defendant introduced women, including F (hereinafter “D”) recruited through the advertisement for offering of singing machines, into a contact loan in the Suwon Sing room including “D” located in the competent authority C, and carried out fee-charging job placement services each time by receiving KRW 5,000 won on the pretext of the introduction fee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol concerning E and F;

1. A certified copy of a karaoke machine business registration;

1. Notification of business places subject to administrative disposition and notification of detection of unauthorized fee-charging job placement services;

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act; Defendant A who choose to imprisonment with labor: Article 47 subparagraph 1 of the Employment Security Act; Articles 19 (1) and 19 (1) of the Employment Security Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Defendant A with the reason of sentencing under Article 62-2 of the Criminal Code: Defendant had been punished twice for the same crime in the past.

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