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(영문) 부산지방법원 2018.06.15 2017고정1314
음악산업진흥에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall in the name of "C" on the first floor of Busan Northern-gu B.

1. Although a person who violated the Music Industry Promotion Act by selling alcoholic beverages sells or provides alcoholic beverages, the Defendant sold beer to male customers D around November 18, 2016, around 20:59.

2. A person who violates the Act on the Promotion of the Music Industry through the arrangement of entertainment loans may not drink with customers, provide entertainment to customers by singing or dancing in a singing practice place, or arrange any other person to provide entertainment services, with the date and time set forth in paragraph (1) above, and at the place set forth in paragraph (1), the Defendant arranged a female entertainment loan to provide entertainment services by allowing a male customer to receive 30,000 won per hour from male customer D and to provide entertainment services by singing and dancing.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Written statements of D;

1. Application of field photographs and credit card receipt-related Acts and subordinate statutes;

1. Article 34 (3) 2, Article 22 (1) 3 (a) and Articles 34 (4) and 22 (2) (a point of sale), Article 34 (4), and Article 22 (2) (a point of mediation) of the Act on the Promotion of Music Industry concerning facts constituting an offense, and the selection of fines;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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