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(영문) 서울서부지방법원 2019.02.14 2018고정1088
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No karaoke machine business operator shall employ any entertainment loan, arrange any entertainment business operator, or arrange any entertainment business operator;

Nevertheless, the Defendant, as a singing practice room business operator of “Cinging practice” on the first floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul. At around July 25, 2018, around 200:50, the Defendant arranged D, E, and F to drink with the said customer at the request of the said customer on his/her name in the singing practice room.

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

Nevertheless, the defendant received 4,00 won per single customer on the same date and place as mentioned in the above 1.1. The defendant sold six cans in total.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant, D, E, or F;

1. Each statement of D, E, and F;

1. Application of the Acts and subordinate statutes governing the detection of five singing practice rooms;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Act on the Promotion of Music Industry (the point of arranging adjacent loans), Articles 34 (3) 2 and 22 (1) 3 (the point of selling alcoholic beverages) of the Music Industry Promotion Act, and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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