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(영문) 서울동부지방법원 2020.11.12 2020고단1416
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four 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 person who operates a singing practice room with the trade name of “C” in Gwangjin-gu Seoul Special Metropolitan City B and the first floor.

1. Any karaoke machine business operator who sells alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, around 04:00 on December 8, 2019, the Defendant sold to two alcoholic beverages such as D, which had been a guest in the above singing practice room, five cans, five bes, three bottles, etc.

2. The karaoke machine business operator shall not arrange a vaccination loan;

Nevertheless, the defendant, at the date and time, at the place specified in Paragraph 1, requested two customers, such as the above customer D, and provided two female-in-fact female-in-facts with two female-in-facts to drink together with the above D, etc., or arranged a loan by allowing two female-in-facts to provide entertainment to customers by singing or dancing.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Business registration certificate of each prosecutor's office and police interrogation protocol of the accused (C);

1. An investigation report (ablon photograph and text message submitted by a suspect A), an investigation report (ablon photo and a witness attached to the 112 Report List), the occurrence report (violation of the Music Industry Promotion Act) and the Defendant and the defense counsel denied all the facts charged. However, the following circumstances acknowledged by the evidence are as follows: (i) D and E orders from the instant singing book to the instant singing book and play together with the Defendant’s singing book; (ii) D and E stated that they paid KRW 10-120,000,000,000 to the Defendant’s singing book; and (iii) the Defendant stated that they paid KRW 10-120,000,000,000 to the prosecution investigation; and (iv) the Defendant made a statement from around 04:00 to 05:0 on December 9, 2019 to sell to the instant music book and provide the instant alcoholic beverages to the Defendant and the Defendant made a statement to provide them for two hours from 5 to 30 minutes and to 30 minutes.

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