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(영문) 수원지방법원 2014.12.18 2014고정2502

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On May 22, 2014, Defendant A obtained permission of approximately 126 square meters and one room at the first floor located in Suwon-si, Suwon-si, Suwon-si, with the trade name of “Eran tavern”, and registered a singing practice room with the trade name of “Fing practice room” for 92.02 square meters in the same place.

No one shall, for the purpose of profit-making, drink any alcoholic beverage with a customer, provide any entertainment to a customer by singing or dancing, or arrange any other person to provide such an act, and no person who runs a singing practice room shall provide any alcoholic beverage to a customer.

Nevertheless, the Defendant introduced B (the age of 43) to customers G who drink alcoholic beverages in a singing practice room registered as a singing practice room as above, thereby assisting them to engage in entertainment in G, and providing five diseases to them.

2. Although Defendant B was prohibited from drinking alcoholic beverages with customers, singing or dancing, Defendant B was employed by an employee who received KRW 1,50,000 per month from a place specified in paragraph (1) on May 22, 2014, and provided entertainment services with G workers who found him/her as a guest, with a view to profit-making.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statement of witness G;

1. Some police interrogation protocol against the Defendants

1. A written statement in both B and G;

1. Business license certificate or registration certificate of singing practice room;

1. Application of statutes on site photographs;

1. Article 34(2) and Article 22(1)4 of the Music Industry Promotion Act, Article 34(3)2 and Article 22(1)3 of the Music Industry Promotion Act, Defendant B who has selected a fine: Article 34(4) of the Music Industry Promotion Act;