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(영문) 의정부지방법원 2018.02.22 2018고정64
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 with the trade name “Csing” in South Korea-Sing City B.

1. Although a singing practice room business operator is prohibited from selling or providing alcoholic beverages, the Defendant sold to four persons, such as D, a customer, etc. at the above singing practice place on August 29, 2017: (a) around 21:00, 10 cans which are alcoholic beverages to 40,000 won.

2. Although a singing practice room business operator is prohibited from employing and arranging a entertainment loan, the Defendant 1 arranged a entertainment loan by having the entertainment room E, F, and G receive 30,000 won per hour from the time, place, customer D, etc., and in exchange for a demand from the said customer, and with the said customer, to have the said customer enjoy 30,000 won per hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E, F, and G preparation, written records of interrogation of suspect, G mobile phone pictures, investigation reports (Submission of suspect A telephone record), and written statements of police preparation of D with respect to each police officer;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant is aware of all the criminal facts of this case and reflects his mistake; and (b) the Defendant is punished twice by a fine due to a violation of the Road Traffic Act (driving) around 2004, etc.; and (c) the fact that there is no history of any special criminal punishment, except for those punished twice by a fine, shall be recognized as a favorable

However, while the defendant operates singing, he sells alcoholic beverages to customers and gives a loan to customers.

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