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(영문) 광주지방법원 2020.11.26 2020고정491
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run a singing practice room business without registration is equipped with the facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and registered with the competent authorities, such as the head of Si/Gun/Gu. However, the Defendant, without registering the singing practice room business, provided that two persons, including video devices, are provided with the facilities for singing practice room business in the name of “C” in the Dong-gu Gwangju-gu, Gwangju-gu, about December 16, 2019 so that he/she can sing down to the reflect of the class within the scope of the business.

2. Despite the fact that a karaoke machine business operator is prohibited from selling or providing alcoholic beverages at the place of business or acting as a broker for a entertainment loan, the Defendant provided two alcoholic beverages, such as tea and beer, to two customers D, etc. at the time and place specified in the above paragraph (1), and arranged a entertainment loan by having E and F contact with them to enter the said place of business, and let them enter the said place of business, and let the said customers receive entertainment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on internal investigation (verification of contact address of a male guest, etc.) on data confirming the confirmation of the fact of communications on the screen screen of CCTV images at each field photographic business establishment F and E;

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry, Articles 18 (1) (the running of a singing practice room business without registration), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the running of a singing practice room business), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the running of a violation of a duty prohibiting sales or provision of alcoholic beverages by a singing practice room business operator), each of the fines is imposed;

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;

1. The order of provisional payment;

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