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(영문) 수원지방법원 성남지원 2015.12.09 2015고정847

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

A is a person who operates a singing practice room in the trade name of "F singing practice room" in the second floor of Gwangju City, and G is a person who works as an employee.

In collusion with G, the Defendant,

1. No person who runs a singing practice room business shall arrange a contact loan at the relevant place of business;

Nevertheless, around 00:08 on November 19, 2014, the Defendants arranged two female entertainment loans to H and one other, a customer, at the above place, and provided entertainment services with the said customer by singing together with the said customer.

2. Any person who runs a singing practice room business for selling alcoholic beverages shall be prohibited from selling or offering alcoholic beverages at the relevant place of business;

Nevertheless, around 00:08 on November 19, 2014, the Defendants sold 4.5% of alcohol content to the said customers in the instant singing practice room. 4,000 won per opening 4,00 won per unit.

Summary of Evidence

1. Protocol concerning the examination of suspect of G;

1. A petition prepared by H;

1. A CD (video taken by a reporter) (The defendant asserted that G, who is an employee other than a day, voluntarily arrange for a contact loan and sells alcoholic beverages. However, the above G, by communicating with a telephone number recorded in the name cards of a camera, appears to have been in the instant singing practice room at the time of the offering of alcoholic beverages, and it is difficult for the defendant to easily understand that G, who is an employee other than a day of his attendance, voluntarily engaging in the same conduct as the facts charged without the defendant who is the main business. In light of the fact that it is difficult for the defendant to easily understand that the above G, who is an employee other than the day of his attendance, had a contact with the phone number recorded in the name cards of the camera, and that it is difficult for the defendant to apply

1. The indictment under Articles 34(2), 22(1)4 (the occupation of an adjacent loan arrangement), 34(3)2 and 22(1)3 of the Music Industry Promotion Act concerning criminal facts is written in the form of subparagraph 2.