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(영문) 의정부지방법원 2020.06.18 2020고정675

음악산업진흥에관한법률위반

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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

1. Any person who runs a singing practice room business for selling or supplying alcoholic beverages shall be prohibited from selling or providing alcoholic beverages;

The defendant is registered with the Mayor of Namyang-ju and operates a singing practice room in the name of "D" in the building C of Namyang-si.

Nevertheless, around 20:40 on December 19, 2019, the Defendant sold and provided three customers under his name in the above singing practice room, such as cans and seven beers, which are equivalent to 28,000 won at the market price.

2. No karaoke machine business operator shall employ nor arrange a vaccination loan.

Nevertheless, the Defendant received KRW 30,00 per hour from three so-called “does,” including E, according to the demand of the customers as stated in the above Paragraph (1) at the above singing room, and had the said customers drink alcoholic beverages with the said customers, singing or dancing to encourage customers to provide entertainment.

Accordingly, the defendant assisted the above customers with the entertainment loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, E, or G;

1. Registration certificate of the karaoke machine business and business registration certificate;

1. Application of statutes on site photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (the point of sale or provision of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are the circumstances favorable to the defendant, such as the recognition of the facts charged in the instant case, and the defendant has no record of criminal punishment.

However, the crime of this case is that the defendant operates a singing practice room, sells and provides alcoholic beverages to customers, and arranges a loan for entertainment.