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(영문) 인천지방법원 부천지원 2015.04.30 2015고단681

음악산업진흥에관한법률위반

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a singing practice room with the trade name of “Fing practice room” in Seocheon-si, Seocheon-si.

No one shall, for the purpose of profit-making, drink alcoholic beverages with customers, serve as a broker for entertainment with customers by singing or dancing, and no singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, on March 8, 2015, the Defendant: (a) around 01:30 on March 8, 2015, sent 25,000 won per hour to Domins G and B; (b) introduced them to customers H and I; and (c) introduced them into dancing and singing together; and (d) sold four car cans equivalent to the total market price of 12,000 won to the said customers, thereby violating the above rules.

2. No one shall drink alcoholic beverages with customers, singing or dance in a singing practice room for profit;

The Defendant received KRW 25,00 per hour from Franchising A at the same time, time, and place as stated in Paragraph 1, and received KRW 25,00 per hour from Franchising A, with customers H and I, and engaged in singing and dancing with I, etc. for profit-making purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of suspect examination of G police officers;

1. He's written statement;

1. Application of Acts and subordinate statutes for internal investigation reports, business registration certificates, field photographs, and investigation reports;

1. Defendant A: Articles 34(4), 22(2) (a) of the Music Industry Promotion Act; Articles 34(3)2, and 22(1)3 (a) of the same Act; Articles 22(2)3 (a) and 22(2) of the same Act; Defendant B: The punishment of imprisonment for each of the following reasons: Articles 34(4) and 22(2) of the Music Industry Promotion Act; the choice of fines;

1. The defendant among concurrent crimes.