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(영문) 서울북부지방법원 2016.06.14 2016고정1132

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No singing practice room business operator shall employ entertainment receptions or arrange to employ entertainment receptions;

Nevertheless, around 03:00 on March 5, 2016, the Defendant arranged entertainment receptions by having a man provide entertainment services, such as having a man provide entertainment services E and F drink together with their customers, after receiving 30,000 won per hour from the “Creing practice room” operated by the Defendant located in Nowon-gu, Seoul Special Metropolitan City, the Defendant provided entertainment services.

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

Nevertheless, the Defendant sold a total of 24,00 won, such as can cans cans, 7 cans, and 1 cans, to customers, at the time and place under the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Each police statement made to D or G;

1. An explanatory note;

1. Application of Acts and subordinate statutes to sing practice place business registration certificates, invoices, on-site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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;