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(영문) 창원지방법원 2016.11.23 2016고단3180

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A is a person who operates the “E” in Jinhae-si, Jingu, Jinwon-si.

Any karaoke machine business operator who has violated the Music Industry Promotion Act due to sale or supply of alcoholic beverages shall not sell or provide any alcoholic beverage.

Nevertheless, around 21:50 on June 15, 2016, the Defendant sold and supplied two alcoholic beverages, such as one week, three cans, and three cans, to two customers F, etc. at the above singing practice room.

(b) No person who violates the Music Industry Promotion Act by arranging entertainment shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, in a singing practice room for profit;

Nevertheless, the Defendant received two contact loans from two customers F, etc. at the time and place indicated in the above paragraph (a), and contacted B operating “G,” thereby inducing entertainment, such as drinking and singing together with the said customers, by visiting “G,” and having the said customer.

Accordingly, the defendant, for profit, assisted the entertainment of customers by drinking alcoholic beverages with customers, singing or dancing in the above singing practice room.

2. A person who intends to conduct defendant B fee-charging job placement services shall register with the competent authority over the location of the principal business office.

Nevertheless, the defendant, without registering with the head of the Jinhae Maritime Affairs Office, has been registered in the same year from May 2016.

6. Unless December 15, 200, an unspecified person: (a) opened a tentative name to introduce a loan to a singing room, etc. in the name of “G” on the third floor of the J building in Changwon-si, Changwon-si; (b) recruited 7-8 contact loans; (c) received contact from the said A around 21:50 on June 15, 2016, and sent it to the said singing practice room, such as sending it to the vehicle operated by the Defendant.