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(영문) 인천지방법원 부천지원 2015.05.28 2015고단1011
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a singing practice room with the trade name of “D” from the first floor of the Oracheon-si C, Oracheon-si.

Any karaoke machine business operator shall not sell or provide any alcoholic beverage, nor shall he/she employ or arrange a entertainment loan, or provide any entertainment service.

Nevertheless, around 01:00 on December 8, 2014, the Defendant: (a) sold 6 room-based customers E and F, studio customers in the instant singing practice room to KRW 15,000 in total; (b) arranged customers to be provided with an entertainment on the condition that H and I receive KRW 25,00 per hour through a news report in the name of “G”.

2. A person who intends to conduct domestic fee-charging job placement services shall register with the Gu office having jurisdiction over the location of the main business establishment.

Nevertheless, at around 01:00 on December 8, 2014, the Defendant sent H and I to the “D” located on the first floor of the Orcheon-si, Yancheon-gu, Yancheon-si, the Defendant: (a) operated a news report room from October 2014 to December 8, 2014; (b) recruited Doesa while selling Doesa while selling Doesa; (c) supplied Doesa and receiving KRW 5,000 per person on the pretext of introduction expenses.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to internal investigation reports, field enforcement photographs, injury diagnosis reports, and each investigation report (including attached documents);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Selection of a fine for negligence under Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act; Article 34(3)2 and Article 22(1)3 (a) of the Music Industry Promotion Act; Article 22(1)3 (a) of the same Act;

B. Defendant B: Article 47 Subparag. 1 and Article 19(1) of the Employment Security Act; selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

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