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As to the crime No. 1 in the judgment of the defendant, a fine of KRW 3,00,00 shall be imposed on the crime No. 2 in the judgment.
Reasons
Criminal facts
[Criminal Power] On May 21, 2015, the Defendant was sentenced to imprisonment with prison labor for a period of six months at the Seoul Southern District Court for a violation of the Music Industry Promotion Act, and the said judgment became final and conclusive on May 29, 2015.
【Criminal Facts】
1. The Defendant of the Guro-gu Seoul Metropolitan Government 2015 Highest 2490 is a person who runs a singing practice room business under the trade name of “EMA” in Guro-gu, and a singing practice room business operator is prohibited from performing any act of arranging a contact. On June 9, 2015, the Defendant received a request from a customer who found his singing in the above EMA on June 9, 2015 to issue so-called so-called gambling. On the other hand, the Defendant received 30,000 won per hour from the customer to receive 30,000 won per hour from the customer, and let the said F serve in company with the said customer to attract the entertainment of the customer by singing and dancing.
Accordingly, the Defendant arranged a contact loan as a karaoke machine business operator.
2. The Defendant of the 2015 Highest 2671, supra, was a person who runs a singing practice room business, and even if a singing practice room does not sell or provide alcoholic beverages in a singing practice room, the Defendant sold 3 customers, whose name cannot be known within 01:43 on March 12, 2015, nine canns totaling KRW 27,000.
Accordingly, the defendant, who is a karaoke machine business operator, sold and supplied alcoholic beverages.
Summary of Evidence
1. Statement by the defendant in court;
1. Examination protocol of the accused by prosecution;
1. Police suspect interrogation protocol regarding F;
1. Application of Acts and subordinate statutes on documentary evidence;
1. Brokerage of loan in connection with facts constituting an offense under Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act;
(a) Article 34(3)2 and Article 22(1)3 of the Music Industry Promotion Act (the selection of fines);
2. Determination of fine
1. The latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes: The crime for which the first head judgment in the holding becomes final and the crime for which the Music Industry Promotion Act is violated due to sale of alcoholic beverages; and