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(영문) 수원지방법원 2018.04.19 2018고정438

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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" at the time of Suwon-gu.

1. No music practice room business operator shall arrange a loan for entertainment;

On January 7, 2018, the Defendant: (a) around 22:00, at around 22:00, received 30,000 won per hour from customers D; and (b) arranged a loan by providing name-free women-free women with singing together.

2. No sales singing practice room business operator shall sell alcoholic beverages;

In this regard, the defendant received 12,000 won from D who is a customer at the same time and place as the above 1,000 won and sold 3 beer cans.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. On-site photographs;

1. Application of Acts and subordinate statutes on internal investigation reports (the 12th page of evidence records);

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

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;