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(영문) 수원지방법원 2017.11.16 2017고정1838

음악산업진흥에관한법률위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates ‘C Singing practice place' in Suwon-si B.

1. On April 21, 2017, from around 03:30 to April 21, 2017, the Defendant received 24,000 won from the said singing room from around 03:30 to April 21, 2017 to around 05:00, and sold six cans.

2. No person engaged in singing practice room business shall employ any entertainment loan nor arrange any entertainment service;

Nevertheless, the Defendant: (a) received KRW 30,000 per hour from D at the same time and place as the above 1 paragraph; and (b) provided women-dominers E with music to arrange for a loan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Written statements of D;

1. Application of statutes on site photographs;

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

1. Selection of punishment: Selection of a fine;

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;