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(영문) 수원지방법원 안산지원 2016.03.10 2015고단4071
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine of 1.5 million won, and by imprisonment of Defendant B, for four months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a singing practice hall with the trade name, "D's singing practice room" on the first floor of Ansan-si, Ansan-si.

(a) A singing practice room business operator shall not sell or provide alcoholic beverages;

Nevertheless, at around 23:30 on October 19, 2015, the Defendant sold cans, 10 cans, and 70,000,00 won to E who is a customer at five rooms of the above singing practice room.

(b) No music practice room business operator shall employ any entertainment loan, arrange any entertainment service provider, or arrange any entertainment service provider;

Nevertheless, at five times of the above singing practice room, the defendant had two persons with no name, and had them drink together with E, and had them provide entertainment services to customers by singing or dancing. The defendant arranged entertainment services by allowing them to provide entertainment services.

2. Defendant B is a person who operates a news report “F” with the trade name named “F.”

A person who intends to operate a domestic fee-charging job placement service shall register with the competent authority.

Nevertheless, without registering with the competent authority, the Defendant sent a singing voice from the above A around October 19, 2015, without registering with the competent authority.

In other words, the Korean fee-charging job placement service was operated by receiving referral fees of KRW 7,000 per hour after two persons who have been requested to do the above singing.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to telephone statements and photographs of control field;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Article 34(3)2 of the Music Industry Promotion Act, Article 22(1)3 of the same Act (a) of the same Act, Article 34(2) and Article 22(1)4 of the same Act (a) of the Music Industry Promotion Act (a)

B. Articles 47 subparag. 1 and 19 subparag. 1 of the Act on the Employment Stabilization of Defendant B (Appointment of imprisonment)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse;

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