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(영문) 서울북부지방법원 2013.03.27 2012노1514
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. On October 9, 201, the summary of the grounds for appeal by the Defendant is erroneous in the misapprehension of facts that the lower court found the Defendant guilty, and thereby adversely affected the conclusion of the judgment, notwithstanding the fact that the Defendant did not have any act of entertainment or selling drinking in a singing practice room that the Defendant operated by the Defendant as a customer, as well as E, provided good offices for gambling

2. Determination: From October 9, 201 to October 01, 201, the Defendant: (a) sold alcoholic beverages to a karaoke machine operated by the Defendant with cash of KRW 220,00; (b) as direct evidence of the facts charged that the Defendant assisted the Plaintiff to do so; (c) “E” is the only evidence of the Defendant’s statement. From October 9, 201 to October 30, 201, up to this legal system, the Defendant consistently entered the singing practice room called Defendant’s operation D, for 2 hours in advance, from around 01:0 to around 01:30, the Defendant did not request the Defendant to make a statement of the amount of KRW 50,00,00 in cash with the payment of KRW 10,000 for both weeks and KRW 4-5,000,000,000, and the Defendant did not request the Defendant to make a statement of the amount of money to KRW 500,000,00,00.

The following circumstances acknowledged by the evidence duly admitted and adopted by the lower court, namely, the Defendant’s KRW 110,00,00, which were received from E, are K-sing room room fee for about 3 hours ( approximately 2 hours and 45 minutes in the prosecutor’s office) and drinking water.

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