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(영문) 인천지방법원 2018.05.04 2017고정3056

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a substantial business that operates a singing practice hall in the Nam-gu, Incheon and underground floors.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, on September 13, 2017, the Defendant violated the code of practice by selling a car can cans, 5 cans, and so on, selling 5 cans.

Summary of Evidence

1. A report on investigation;

1. The Defendant sold alcoholic beverages in a singing room by taking full account of the following facts: photographs (registration certificate of singing practice room business), photographs (six times) and photographs (the part of the place of business), and photographs (the part of the defendant's place of business) of customers who had alcoholic beverages outside the country at the time of the instant case; however, the Defendant provided alcoholic beverages; the Defendant did not provide any indication of the charges (27,000 won) as asserted by the Defendant on the part of the place of business; the Defendant did not provide any reasonable explanation as to the high charges recorded in books; the Defendant and E did not provide any reasonable explanation; the witness F's statement consistent with the Defendant's assertion that the Defendant purchased alcoholic beverages in the singing room at the time the police

Authorization shall be reasonable to determine

Application of Statutes

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

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;