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(영문) 수원지방법원 2017.02.02 2016고정2988

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 2,500,000.

If the above defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A operates a singing practice hall with the trade name “D’s singing practice hall” in Suwon-si C.

No sing practice room business operator shall employ any entertainment loan or arrange such loan.

Nevertheless, on July 2, 2016, the Defendant received an amount of money from customers E and F in the above D Sing practice place and arranged B as a female entertainment loan, and had the said entertainment loan sing with the said customers.

2. No one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing in a singing practice place for profit, or arrange other persons to provide such services;

Nevertheless, the Defendant, at the same time and place as Paragraph 1, provided that he received KRW 30,00 per hour from A, who is the owner of the D Sing practice room, and provided customers with E and F with singing, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect B by each prosecutor;

1. Investigation report (Investigation report on telephone conversations with a reporter);

1. Application of Acts and subordinate statutes to a report on criminal investigation (report on the investigation of suspects into evidence);

1. Article 34(2) and Article 22(1)4 of the Music Industry Promotion Act; Defendant A who selects a fine: Articles 34(4) and 22(2) of the Music Industry Promotion Act; Articles 34(4) and 22(2) of the Music Industry Promotion Act; Selection of a fine;

1. Defendant B to suspend the sentence: Fines of 500,000 won;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Defendant B of suspended sentence: Article 59 (1) of the Criminal Act;

1. Defendant A of the provisional payment order: The fact that the police officer, who received a report on the reason for sentencing under Article 334(1) of the Criminal Procedure Act, was dispatched to the instant singing practice room and controlled, was disadvantageous to the fact that the Defendants denied all of the crimes during the police investigation.