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(영문) 의정부지방법원 2016.11.11 2016노2151
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. At the time of filing an appeal, the Defendant does not have any way to arrange for a loan to customers E, who are customers.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case erred by misapprehending the facts.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① from the investigative agency to the court of the court below to the court of the court below, “E was asked from the investigation agency to have the Defendant in the Carbr, to have the Defendant do so, and KRW 25,000 was paid in advance. After the locking, the Defendant made a relatively concrete and consistent statement to the effect that “E was able to have the Defendant in the carbr, and she was playing singing together with one person in the carr, and she went back to the one hour after the lapse of one hour,” and ② just because there was a dispute between E and the Defendant due to singing charges, it is difficult to view that E made a false statement to gather the Defendant, and there was no special motive or circumstance to acknowledge otherwise, and there was no other circumstance to suspect the credibility of the above statement. Comprehensively taking account of the facts stated in the criminal facts in the court below’s decision, the Defendant sufficiently arranges the fact that E was allowed to contact the Defendant under one’s name loan, etc.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged of this case is just and it cannot be said that there is an error of mistake of facts as alleged by the defendant, and the defendant's argument

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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