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(영문) 서울남부지방법원 2013.07.17 2012고정2975
음악산업진흥에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is Defendant, Yeongdeungpo-gu Seoul Metropolitan Government, who runs a “Ding practice room” located under C underground of Yeongdeungpo-gu.

On May 20, 2012, the Defendant: (a) around 03:00 on May 20, 2012, the Defendant arranged for a contact loan to customers E; (b) sold 20,000 won per hour to the said customers; and (c) violated the rules of practice of the karaoke machine business operator by selling 2 residues to the said customers.

2. The facts charged of the instant case are based on the premise that the Defendant, as a karaoke machine business operator, sold alcoholic beverages in violation of Article 22(1)3 and 4 of the Music Industry Promotion Act and arranged a entertainment loan. The Defendant is a person running a singing practice room as indicated in the facts charged (hereinafter “instant singing practice room”).

Therefore, according to each statement of the Health Center, KT, SK, and LGU monetary fact inquiry as to whether the Defendant is a person operating the instant singing room, i.e., a singing practice room business operator, it is doubtful that the Defendant had been in the instant singing room mainly between the month before and after the instant crime. In addition, considering the fact that the Defendant was the F and Womens interested who registered as the representative of the instant singing room, and F and F are almost little in Korean language, it is doubtful that the Defendant had actually operated the instant singing room while having only the name of the instant singing room, or not operated the instant singing together with F and at least with F.

However, according to the witness F and G’s respective legal statements, since the employee G retired from singing prior to the same month of the instant case, the possibility that the Defendant, as F’s wife, had engaged in the instant singinginging business after G had attempted to run the instant singinging room business cannot be ruled out, and therefore, the Defendant’s statements in the investigation agency and the court of E, who was a customer, at the time of the instant singing.

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