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(영문) 서울북부지방법원 2015.10.30 2015고정2151

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

The Defendant shall not operate a “Cking practice room” on the second basement B in Seoul Jung-gu, Seoul, nor arrange for a entertainment loan, or sell alcoholic beverages.

1. On July 22, 2015, the Defendant: (a) received a demand from the said singing practice room special room from D, a customer; (b) received KRW 20,000 per hour and gave the beneficiary to the beneficiary; and (c) had the beneficiary E provide entertainment services by singing or dancing; and (d) assisted the customer to provide entertainment services.

2. The Defendant sold 100,000 won, such as two per week, to D, who is a customer, at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing sales of alcoholic beverages;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2), 22 (1) 4, 34 (3) 2, and 22 (1) 3 of the Music Industry Promotion Act concerning the selection of punishment (the point of providing good offices for loan), and selection of fines for negligence;

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;