beta
(영문) 광주지방법원 2019.01.10 2018고정909

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for a period of four months and a fine of three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2018 Highly 909] The Defendant is a person who operates a singing practice room with the trade name of “C” in Seo-gu, Gwangju.

Any karaoke machine business operator shall be prohibited from selling or providing alcoholic beverages, and shall not arrange employment of entertainment business operators.

Nevertheless, at around 23:00 on May 12, 2018, the Defendant sold to two male customers D, etc., who found the place, with 12 parallels of having been engaged in drinking, etc., and, upon the said customer’s request, had two female entertainment loans with 30 middle-class women in company with the said customer to drink with drinking and dance, and arranged the act of entertainment.

Accordingly, the Defendant violated the obligations of the karaoke machine business operator.

[2018 Highest 4683] The Defendant is a person who operates a singing practice room in the name of "E" in Seo-gu, Gwangju.

No karaoke machine business operator shall sell or provide any alcoholic beverage.

Nevertheless, around 04:50 on August 23, 2018, the Defendant provided 10 to the customer F who found his place in the above singing practice room.

Accordingly, the Defendant violated the obligations of the karaoke machine business operator.

Summary of Evidence

[2018 High Court Decision 909]

1. Legal statement of witness D;

1. The ledger for registration of the music industry (report) [D consistently states to the effect that a singing practice room operated by the Defendant from the investigative agency to the present court is drinking alcohol along with a female entertainment loan. D’s statement in light of the attitude of the statement in this court and the content of the statement in this court may be reliable. According to the evidence duly adopted and investigated by this court, such as credibility D’s statement, it may be acknowledged that the Defendant arranged for a entertainment loan to D and sold alcoholic beverages as stated in this part of the facts charged] [3]

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes on business registration certificates;

1. The relevant Article of criminal facts and the promotion of the music industry chosen to impose punishment;