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(영문) 수원지방법원 안산지원 2018.07.19 2018고정212

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

Defendant is a person who operates 'D Sing practice hall' in Gyeonggi-do City, and E is an entertainment receptionist.

1. On December 4, 2016, the Defendant sold and supplied alcoholic beverages amounting to KRW 110,000,000, such as beer 8 cans and softs, to customers, within the category of ‘D singing practice place’ in C around 21:0, the Defendant sold and supplied alcoholic beverages amounting to KRW 110,00,00, such as beer 8 cans and softs.

2. Violation of the Music Industry Promotion Act (abdomination of helper) received a demand from F to give a letter of helper from F at the said time and place, and arranged for an entertainment loan by allowing E to receive 30,000 won per hour and to drink with the said F, and allowing E to drink with a letter of talker with the said F.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E, G, and H;

1. Application of F’s written Acts and subordinate statutes;

1. Determination of each fine shall be made, taking into consideration the facts constituting a crime under the relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2, 22(1)3 (a) of the Act on the Promotion of Music Industry, Articles 34(4) and 22(2) of the Music Industry Promotion Act, the fact that the defendant recognized the crime in court and against the mistake that he/she did not have the same criminal record, etc.

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.