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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 singing practice hall that operates the “C” in Incheon B and the second floor, and D is an employee of the above singing practice hall.
1. On July 31, 2018, the Defendant, an employee of the Defendant, failed to exercise due care and supervision, such as: (a) the Defendant’s sales of alcoholic beverages, in selling alcoholic beverages of KRW 38,00,00, such as cans, two cans, two beer, etc., to E; and (b) the Defendant, in selling alcoholic beverages to D, did not exercise due diligence and supervision, such as prohibiting such a violation.
2. The Defendant sent F to a singing practice room after receiving D’s phone call that the said customer demands a entertainment loan at the same time as that described in paragraph (1) and that the said customer demands a entertainment loan.
On the condition that the above customer receives 35,000 won from the above customer, he/she provided an entertainment loan by drinking alcoholic beverages and singing together.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of each police suspect against D or F;
1. A E statement;
1. Application of Acts and subordinate statutes on report on occurrence (violation of the Music Industry Promotion Act) and report on internal death;
1. Relevant Article of the Act on the Promotion of Music Industry, Articles 35, 34(3)2, 22(1)3 (a) and 34(2) and 22(1)4 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;
1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes provided for in the violation of the Music Industry Promotion Act due to intermediation of heavy concurrent crimes);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant’s crime of sentencing under Article 334(1) of the Criminal Procedure Act with the reason for sentencing is that the Defendant sells alcoholic beverages in a singing practice room and arranges a entertainment loan. The Defendant again committed the instant crime even though he had been sentenced to a fine three times for the same kind of crime, so there is no possibility of criticism.
The defendant is subject to criminal punishment at least five times, including the same kind of criminal records.