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(영문) 인천지방법원 2018.12.07 2018고정2056

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who operates a “D Singing practice hall” in Article 903 of the Jung-gu Incheon Metropolitan City building C.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, around 01:00 on April 14, 2018, the Defendant sold 5 bottles, which are alcoholic beverages, to E and two other alcoholic beverages, who were customers at the same time.

2. No singing practice room business operator shall employ any entertainment loan, arrange any entertainment service provider, or arrange any entertainment service provider;

Nevertheless, Defendant 1 violated the rules of practice of a singing practice room business operator by arranging a loan by providing the above customers with music and dancing services on condition that Defendant 2 received KRW 30,000 per hour and received demand from two, E, and 30,000 per hour from the customer at the time and place of the above paragraph (1).

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;