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(영문) 울산지방법원 2017.07.21 2017고정529

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 is a person who operates a singing practice hall in the name of “Csing practice hall” in Ulsan-gu B.

No singing practice room business operator shall sell or provide alcoholic beverages, or arrange for a loan for entertainment.

1. On December 30, 2016, at around 20:20, the Defendant violated the code of practice of a singing practice hall operator by receiving 70,000 won from two male male customers, each of whom he/she received 1,00,000 won from each of his/her own, and selling the same to two male male customers.

2. The Defendant, at the same time and place as referred to in the preceding paragraph, was demanded from a male grandchild to provide a contact loan to him, and the Defendant arranged a contact by having D (at the age of 58, the same day, the prosecution of prosecution on the same day) and E (the suspension of indictment on the same day) drink with the above guest with the above guest, provide entertainment by singing or dancing, and receive 25,000 won per hour from the customer and give the above loan to him.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to each statement;

1. Relevant legal provisions for facts constituting an offense and Articles 34(2), 22(1)4, 34(3)2, and 22(1)3 of the Music Industry Promotion Act, and the selection of fines (i.e., the first offender, the second offender, and the second offender)

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;