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(영문) 서울북부지방법원 2014.09.03 2014고정1644

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” singing practice room in Dongdaemun-gu Seoul, Seoul, and D is an employee of the said singing practice room.

The defendant, at the same time and place as follows, D, an employee of the defendant, had been engaged in entertainment loans and alcoholic beverage sales as follows with respect to the defendant's business.

1. D on December 24, 2013, around 21:00, sold and supplied three alcoholic beverages equivalent to KRW 18,000 in the instant singing practice room room room, including customers E, to three persons, including customers E.

2. D, at the above date, at the above time and place, three persons, including E, have such three persons engage in singing music and have them drink alcoholic beverages with E, etc. and arrange for an entertainment loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect against the accused, D, and F by the prosecution;

1. Statement to E by the police;

1. Application of the Act and subordinate statutes to investigation report (to hear Defendant D's phone statement), internal investigation report (topin case G and telephone conversations);

1. Article 35 of the Act on the Promotion of Music Industry, Articles 34 (3) 2 and 22 (1) 3 of the Act on the Promotion of Music Industry (the point of selling alcoholic beverages by an employee), Articles 35, 34 (2) and 22 (1) 4 of the Music Industry Promotion Act concerning criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;