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(영문) 의정부지방법원 2020.02.13 2019고단4349
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator running “C” in Spocheon-si B.

1. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, around June 28, 2019, the Defendant sold two cans to customers D in the above singing practice room at KRW 8,000.

2. No karaoke machine business operator shall employ any entertainment loan or arrange such loan;

Nevertheless, the Defendant received a demand from customers D to provide a contact loan at the same time as the above paragraph 1 above, and arranged a contact loan by allowing a contact loan of KRW 25,00 per hour, and allowing a contact loan with his name to drink together with the above D and singing together.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the receipt statute

1. Article 34 (3) 2 of the relevant Act and Articles 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the choice of imprisonment), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense (the point of referral of contact loans and the choice of imprisonment);

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

1. Determination of the same sentence as the disposition shall be made by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime:

3. Unfavorable circumstances: The circumstances favorable to the defendant again committed the instant crime even though he had been punished for the same kind of crime: The confession of the instant crime;

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