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(영문) 인천지방법원 부천지원 2017.08.31 2017고정810

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant, who operates a singing practice hall called ‘C Sing practice hall' in Bupyeong-si B, shall not sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

1. On May 12, 2017, at around 22:45, the Defendant sold to D, etc., a guest, one alcoholic beverage with a market price of at least 4,000 won.

2. The Defendant: (a) received a request from the said time, place, customer D, etc. to get a customer, and (b) received 30,000 won per hour, and (c) provided a loan to the customer E and F so that the customer would encourage the customer to provide entertainment by singing and dancing while drinking alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of each statute on photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2, 22(1)3 (a) and 34(2) and 22(1)4 (a) of the Music Industry Promotion Act concerning criminal facts, the selection of fines for negligence, Article 22(1)4 (a) of the Music Industry Promotion Act, and the selection of fines for negligence;

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;