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(영문) 서울북부지방법원 2016.03.18 2016고정273

음악산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The defendant may not arrange for a loan in a singing practice place or provide and sell alcoholic beverages to a person who operates a "C Sing practice place" on the second and second floor in Gangnam-gu Seoul, and he/she may not arrange for a loan in a singing practice place.

1. On November 28, 2015, the Defendant: (a) around 21:00, at the above singing practice room 3 rooms; (b) received a demand from customers D to give to customers; (c) received KRW 25,000 per hour; and (d) received a demand from customers; and (c) made an offer of a loan by allowing the customers E, who are well-known, to participate in entertainment with customers, and to have them participate in entertainment with singing and dancing.

2. At the time and place mentioned in paragraph 1, the Defendant sold a car cans cans, beer, etc. to the customers described in paragraph 1.

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 of E;

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

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;