The judgment of the court below is reversed.

Defendant

A The fines for negligence of KRW 2,00,000, and Defendant B and C of each fine of KRW 1,000,000.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, it is recognized that Defendant B and C arranged to provide entertainment loans to G et al., who were customers in the instant singing room.

However, the judgment of the court below that acquitted the Defendants of this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Defendants 1) 1, 2, and 3 did not sell so to G, etc. in the instant singing room, and only dynasty that they had died outside of G, etc.

However, the judgment of the court below which found the defendant guilty of violating the Music Industry Promotion Act due to the sale of alcoholic beverages is erroneous as a misunderstanding of facts.

2) The punishment sentenced by the lower court to the Defendants (a fine of KRW 2 million, Defendant B, and C: each of the fines of KRW 1 million) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for ex officio appeal, the Prosecutor added “Article 35 of the Music Industry Promotion Act” to the Defendants in the first instance trial, and applied for amendments to the indictment with the same content as that stated in the amended facts charged below, among the facts charged, the Defendant filed an application for amendments to the indictment with respect to which paragraphs 1 and 2 are the same as that indicated in the amended facts charged, and the judgment of the court below cannot be maintained as it was changed to the subject of the judgment.

【Revised Facts charged】

1. On October 24, 2015, Defendant B and C conspired to sell alcoholic beverages equivalent to KRW 10,000,000, including the total amount of advance payment, to G et al., a customer, at the instant singing practice place, on October 24, 2015, and arranged for a loan by having three persons, who are not aware of their names, attend the meeting with G et al., receive KRW 90,000 per person, and have them drink alcoholic beverages with music and drink music.

2. Defendant A’s employee B and C committed a violation as described in the above paragraph 1 with respect to the Defendant’s business.

However, the above reasons for reversal are as follows.