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(영문) 서울중앙지방법원 2014.09.18 2013고정6490
음악산업진흥에관한법률위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a “E-sing practice room” on the second floor of Dongjak-gu Seoul Metropolitan Government D.

Any karaoke machine business operator shall be prohibited from selling or offering alcoholic beverages, or from engaging in any act of arranging an employment of a entertainment business operator.

Nevertheless, around July 26, 2013, the Defendant sold five cans to customers who have been in the said “E K Kinginginging practice”, and received KRW 25,000 per hour from the said customers, and arranged three of the entertainment women who have been in service, including F (27 years of age), G (n, and 41 years of age), thereby inducing the said entertainment of the said customers by singing or dancing.

Accordingly, the Defendant violated the obligation of a karaoke machine business operator by selling and providing alcoholic beverages, and arranging a entertainment loan.

2. A person who intends to conduct domestic fee-charging job placement services shall register with the head of the local government having jurisdiction over the location of the principal business.

Nevertheless, without the above registration, the Defendant was carrying a contact loan collected through a local information paper advertisement in a H options car, and when receiving a call from a karaoke machine proprietor for a contact loan, the Defendant introduced it and received a fee of KRW 5,000 per hour from the contact loan.

On July 26, 2013, around 22:30 on July 26, 2013, the Defendant: (a) received a call from the owner of “Ek practice room” located in D 2, Dongjak-gu Seoul Metropolitan Government to send three contact loans; (b) received fees of KRW 5,000 per hour from three women in the contact loan, including F (n, 27 years of age), G (n, 41 years of age) and introduced jobs so that they can provide entertainment services by getting off the road in front of the given singing.

Accordingly, the defendant conducted fee-charging job placement services without being registered with the competent authority.

Summary of Evidence

1. Partial statements of Defendant A in the first trial record;

1.Each police officer with respect to F, G, and B.

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