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(영문) 서울북부지방법원 2017.04.20 2017고정241

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operates the “Dud practice hall” on the first floor of the Seoul Jung-gu Seoul Central District Office C.

(a) No singing practice room business operator shall sell or provide alcoholic beverages at his/her place of business;

Nevertheless, around September 22, 2016, the Defendant sold two liquors to two male customers, such as E, who had been a guest at the above D Sing practice place on September 3, 2016.

(b) No singing practice room business operator shall employ any entertainment loan, offer good offices for such loan, or solicit customers;

Nevertheless, at the time and place of the above “A”, the Defendant received 25,000 won per hour from two female-dozers per customer E at the request of the said customer E, and arranged a contact with the said customer to engage in entertainment by drinking together with the said customer for about two hours.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the registration certificate of singing practice place business or text message (payment details);

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

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;