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(영문) 서울서부지방법원 2014.04.18 2014노18
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's business of mistake of facts is not a singing practice room business, but a music record and music video production business, and the defendant does not have any arrangement for a contact to customers, and the defendant's act does not constitute an arrangement for a contact loan by a

B. The sentence of an unreasonable sentencing (three million won of a fine) of the lower court is too heavy.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below: (i) the Defendant’s “D” is registered as a business operator for video sound records and editing agency service; (ii) the actual content of the business is that the Defendant’s business is divided into ten and more rooms, and the customer is provided with equipment, such as video and microphones, so that the customer can sing in line with the musical instruments without the musical instruments; (iii) the customer “D” is not recorded in the “D” but made a singing with the workplace company and entertainment E and F; (iv) the Defendant received the phone from the proprietor of the “D” and sent the entertainment to G; and (iv) the Defendant was in line with the “D” at the time of the instant case; and (v) the Defendant’s business is the substance of the business; and (v) the Defendant’s business is recognized as having arranged for a customer loan to G, etc., and thus, the Defendant’s assertion is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing is favorable to the Defendant, such as the fact that the Defendant did not recommend the customer to accept a loan, and that the Defendant’s economic situation is not good.

However, the defendant committed the crime of this case in several times, and consistently denies the crime from an investigative agency to the trial, and does not reflect the motive, means, circumstances before and after the crime of this case, the age, character and conduct of the defendant, and others.

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