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(영문) 인천지법 2007. 7. 6. 선고 2006고정1486 판결
[직업안정법위반·음반·비디오물및게임물에관한법률위반] 항소[각공2007.9.10.(49),2039]
Main Issues

The case holding that in a case where a singing practice room business operator arrived at a singing room upon the request of customers, if the singing practice room business operator arrived at the singing room, the act of arranging a loan by a singing practice room business operator, which is prohibited by Article 32 subparagraph 7 of the former Sound Records, Video Products and Game Software Act, has reached the acceptance of the contract.

Summary of Judgment

The case holding that if a singing practice room business operator arrived at a singing room upon the request of a customer, the act of acting as a broker for a singing room business operator's contact with the singing room business operator, which is prohibited by Article 32 subparagraph 7 of the former Sound Records, Video Products and Game Software Act (repealed by Act No. 7943, Apr. 28, 2006), has already been completed, and it does not affect the conclusion of whether the singing room business operator actually appeared in company with the customer.

[Reference Provisions]

Article 32 subparag. 7 of the former Sound Records, Video Products and Game Products Act (repealed by Act No. 7943 of Apr. 28, 2006) (see current Article 22 subparag. 4 of the Music Industry Promotion Act) and Article 50 subparag. 5 (see current Article 34(2) of the Music Industry Promotion Act)

Escopics

Defendant 1 and one other

Prosecutor

An Order of Merit

Text

Defendant 1 shall be punished by a fine for negligence of KRW 5,00,000 and by a fine of KRW 1,000,000, respectively.

In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for the period calculated by converting the amount of KRW 50,000 per day into one day.

To order the Defendants to pay an amount of money equivalent to the above fines.

Criminal facts

Defendant 1 is a person who operates a brying news room, and Defendant 2 is a person who operates a brying singing practice room;

1. Defendant 1 does not register with the competent authorities;

2005. 6. 초순경부터 같은 해 8. 18.경까지 인천 남동구 구월동 및 만수동 일대에서 퀸이라는 상호의 속칭 보도방을 개설한 후 생활정보지를 보고 찾아온 공소외 1 등을 피고인 1의 26더2529 카니발 승용차에 태우고 다니면서 위 부근 노래방에 도우미로 알선하면서 1명당 1시간에 20,000원의 소개비를 받아 그 중 5,000원을 알선비 명목으로 받아 챙기는 방법으로 유료직업소개사업을 하고,

2. Defendant 2:

On July 2005, Defendant 2 introduced Nonindicted Party 2 to singing in a singing room, located in the business management of Defendant 2, located in the Nam-gu Incheon Metropolitan City, Dong-dong 1280-3, and arranged a loan for entertainment by getting the women to sing together with customers.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

Defendant 1: Article 47 subparag. 1 and Article 19(1) of the Employment Security Act

Defendant 2: Article 50 subparag. 5, Article 32 subparag. 7 of the Sound Records, Video Products and Game Software Act

Selection of each fine

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Code

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on Defendant 2’s assertion

1. Defendant 2’s assertion

Defendant 2 acknowledged the fact that singinging out by telephone on the date and time of criminal facts in the judgment, but asserts that singulars immediately returned to the singulars upon their arrival.

2. Determination:

Even if the above assertion by Defendant 2 is true, the good offices refer to the brokerage of a certain act, and if Defendant 2 arrives at the singing room of Defendant 2 upon the customer’s request, if Defendant 2 arrived at the singing room of Defendant 2, then the good offices are deemed to have reached the acceptance of an act of good offices, even if Defendant 2 did not appear with the customer and encourage them to appear in the singing room of Defendant 2, and therefore, Defendant 2 is guilty.

Judgment Notarial decoration

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