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(영문) 인천지방법원 2018.03.29 2018고정491

음악산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a singing practice room operator who operates the "C" singing practice center in Seo-gu, Incheon.

1. On December 20, 2017, at around 03:00, the Defendant sold and provided D(56) who is a customer in the instant “C” singing practice room with alcoholic beverages amounting to KRW 120,000,00, including three concurrent weeks of alcoholic beverages, etc.

2. The Defendant received a demand from E (46) et al., a customer, at the same time and place as the above Paragraph 1, and received a demand from E (46) et al., and had F, a customer loan, receive KRW 30,00 per hour, and had F, the customer, present with the said customer, and have the customer drink and play a singing and arrange for an entertainment loan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the police against D;

1. E statements;

1. Application of internal investigation reports (on-site conditions, etc.) and attached photographic Acts and subordinate statutes;

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;