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(영문) 서울중앙지방법원 2014.07.24 2014고정2858

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator, and a singing practice room business operator, despite the fact that he/she is not allowed to employ a contact loan or sell or provide alcoholic beverages.

1. On April 17, 2014, around 22:30, at the “C” singing practice room operated by the Defendant located in Gangnam-gu Seoul Metropolitan Government, arrange for a loan by allowing the said singing practice room customers to provide entertainment services by singing or dancing on the condition that D, who is the customer of the said singing practice room, is defective to have the customer of the said singing practice do so, and that E, in contact with E, would provide entertainment services by singing or dancing.

2. At the same time and place as Paragraph 1, alcoholic beverages were sold, such as selling three cans and beer to the same D.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. Written statements of D;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of alcoholic beverage sales) of the same Act, and the selection of fines;

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;