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(영문) 서울동부지방법원 2020.09.21 2020고단1568

음악산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator who operates a karaoke machine with the trade name of “C” on the first floor of Songpa-gu Seoul Metropolitan Government B.

No karaoke machine business operator shall sell or provide alcoholic beverages to customers, and shall employ or arrange any entertainment service (no matter how male or female is involved).

"200 Highest 1568"

1. On February 6, 2020, the Defendant: (a) around 01:00 on February 6, 202, the Defendant received 5,000 won per ton of the instant singing practice room from his name-free customers; and (b) sold 5 bottles, which are alcoholic beverages.

2. The Defendant arranged a entertainment loan by allowing D, who works for a singing room at the time and time specified in paragraph (1), to engage in a singing room service upon the request of the customers on his name and in a single-sing practice room. The Defendant arranged a entertainment loan by allowing D, who provided a singing service with the said customers to engage in entertainment, such as drinking with the said customers and singing with the said customers.

[200 Highest 1673]

1. On December 10, 2019, the Defendant: (a) around 21:00 on December 10, 201, at the instant singing practice room room, the Defendant: (b) received 4,000 won per her own disease from five customers; and (c) sold the same as alcoholic beverages, which is 20 her liquor.

2. The Defendant arranged a loan by providing five customers with the date and time set forth in paragraph (1), and at the place set forth in paragraph (1) upon the request of five customers with no name, and providing five thousand won per hour for a music service loan. The Defendant arranged a loan by having five customers drink drinking together with the above customers or dance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against F, G, H, E, I, and J;

1. Each police statement concerning D;

1. On-site photographs and studio-proof photographs;

1. Application of Acts and subordinate statutes to a karaoke machine business registration certificate;

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense, the choice of fines, and the selection of fines;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.