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(영문) 수원지방법원 2018.07.04 2018고단2565
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Csing practice hall” located in Young-si Population B.

1. No singing practice room business operator shall sell or provide alcoholic beverages in his/her place of business;

Nevertheless, on March 14, 2018, the Defendant sold three cans to 10,000 won to D and one customer, who had been in the above business establishment, around 22:34.

2. No singing practice room business operator shall employ any entertainment loan, offer good offices therefor, or engage in entertainment activities;

Nevertheless, the Defendant: (a) received a demand from the said D to provide a credit loan of KRW 30,00 per hour at the time and place referred to in the above “1”; (b) and (c) received a demand from the said D to provide a credit loan of KRW 30,000 per hour; and (c) made it difficult to identify the name by having the credit loan enter the said customer and drink with the said customer, and arranged the credit loan

Summary of Evidence

1. Statement by the defendant in court;

1. Application of business registration certificate, video CD-related Acts and subordinate statutes;

1. Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act concerning criminal facts; and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Although it appears that the Defendant appears to reflect on the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, it is difficult to impose a fine on the Defendant even though he/she had the same record of punishment.

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