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(영문) 대구지방법원 2016.03.24 2016고정276

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

The Defendant is a singing practice hall operator B.

1. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, on December 24, 2015, the Defendant sold 5 cans for beer D who visited Sing practice places in W in Busan City around 20:44, to customers D who visited Sing practice places in W in W. 20,000 won.

2. No singing practice room business operator shall employ any entertainment loan, arrange any entertainment service provider, or arrange any entertainment service provider;

Nevertheless, at the same time and place as in the preceding paragraph, the Defendant received a request from the customer to provide a entertainment loan, contact with a female female entertainment loan with his/her name to encourage such female to provide entertainment to the said customer.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. A criminal investigation report (the content of the video CD);

1. Application of video CD-related Acts and subordinate statutes

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

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;