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(영문) 대전지방법원 홍성지원 2018.01.18 2017고정321
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 singing practice room operator who operates a singing practice hall on the second floor of Chungcheongnam-do, Chungcheongnam-do.

1. Although the Defendant was prohibited from mediating any entertainment loan, the Defendant arranged the said entertainment loan to the said entertainment practice place in around 20:06 on May 9, 2017, and caused the said entertainment loan to stimulate customers by singing or dancing.

2. In spite of the fact that a music practice businessman providing alcoholic beverages is prohibited from selling alcoholic beverages, the Defendant sold 4 cans to the above customers in total at the date and place specified in paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written petition of D;

1. Data to cut a CD;

1. On-site photographing CDs;

1. Application of respective Acts and subordinate statutes governing internal investigation;

1. Relevant legal provisions of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and (2), 34(3)2 and 22(1)3 (a) of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts, 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. Article 70(1) and Article 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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