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(영문) 서울남부지방법원 2016.09.28 2016고정1590

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Defendant

A is the owner of the C Singing Practice in Gwanak-gu in Seoul Special Metropolitan City, and D and E are people who engage in a “singing practice” in their inner names.

1. At around 01:40 on February 1, 2016, the Defendant: (a) received a request from Nonparty F and one other; (b) received KRW 60,000 per 30,000 from the said F; and (c) granted the said D and E 30,000 won per 30,000 won; and (d) arranged the said women to enter the said customers’ room to drink, drink alcohol, and encourage them to provide entertainment to customers by singing and dancing.

2. The Defendant sold 40,000 cans to the said customer F to the said customer at the same time and place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, G, and F;

1. An explanatory note;

1. Application of Acts and subordinate statutes to registration certificates for singing practice place business;

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;