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(영문) 수원지방법원 성남지원 2017.08.23 2017고정508
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a “D” singing practice hall in the Republic of Korea.

A singing practice room business operator shall not provide or sell alcoholic beverages, or employ or arrange a loan for entertainment.

Nevertheless, on August 5, 2016, the Defendant: (a) entered a room of five hundred thousand won, which received 80,000 won from customers E (33 taxes, souths) while placing an order for drinking; and (b) sold two cans for beer; and (c) assisted another to receive 1 female guests with no name, thereby violating the rules of practice of a singing practice hall operator.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Details of credit card payments;

1. On-site photographs (stiles, alcoholic beverages, and vehicles);

1. A copy of certificate of registration for singing practice place and a copy of business registration certificate;

1. The 112 reported case handling table [the Defendant F who reported the instant case and E who is a customer at the time of the instant case in collusion with the Defendant at the time of the instant case

The argument is asserted.

In fact, the above F and E are relatives, and the above F are recognized as having taken pictures of contact loans and beer pictures upon request from E in order to detect the other defendant's illegal business by misunderstanding that the machinery he/she has extracted from his/her own operation was reported by the defendant, and upon request from E in order to detect the other defendant's illegal business.

Therefore, there is no room for doubting the credibility of the above F and E's statements.

Therefore, according to the evidence adopted by this Court, such as the statement in F and E, the above F, upon receiving a contact loan and a beer photographic photo from E, without immediately reporting it, complaining of the Defendant’s illegal business, and the Defendant’s report on his own personal-use machinery was alleged to be unreasonable, and the dispute continues to exist, the above F, on the ground that the appraisal was satisfed and reported to the police first, reported the Defendant’s illegal business.

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