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(영문) 수원지방법원 2016.09.22 2016고정1719

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 “C” on the part of Suwon-si, Suwon-si B2.

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

Nevertheless, around March 18, 2016, the Defendant sold 2 cans cans to 8,000 won to two customers, such as D, who had been customers in the above “C” 7 heading room around March 18, 2016.

2. No singing practice room business operator shall employ any entertainment loan or arrange any other person to provide a service;

Nevertheless, the Defendant: (a) received KRW 25,00 per hour from D who had been a guest at the same time and place as above; and (b) arranged a contact loan by having E contact with D, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes, such as control site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (3) 2, 22 (1) 3 (the point of sale of alcoholic beverages and the choice of fines), and Articles 34 (2) and 22 (1) 4 (the Music Industry Promotion Act (the point of arranging a loan, the choice of fines) concerning facts constituting an offense;

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;