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(영문) 서울동부지방법원 2016.04.19 2016고정213
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to operate a singinging hall business shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without being registered, operated a singing practice hall with the name of “C” against many unspecified customers, with a video reflector in five guest rooms from November 4, 2015 to November 22, 2015, including conducting business for customers who know their names at around 23:30 on November 22, 2015.

2. No sales singing practice room business operator shall sell alcoholic beverages;

Nevertheless, around November 22, 2015, the Defendant sold to customers who are not aware of their names in the above singing practice place at around 22:30 on November 22, 2015 20 bottles and 1 bottles.

3. No one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing in a singing practice place, or arrange other persons to provide such services, for the purpose of making profits;

Nevertheless, the Defendant received the time and time stated in Paragraph 2, and the demand from the customers who may know their names at the place, and arranged D and E to give KRW 30,00 per hour, and arranged women to provide entertainment to the said customers by singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused, E, or D;

1. The application of Acts and subordinate statutes to report generation, photographs at the control site, reports on business place, records of regulation, business registration certificate, reports on the production of sound records and video works, investigation reports;

1. Article 34(3)1 of the Music Industry Promotion Act, Article 18(1)2 of the Music Industry Promotion Act (the point of operating a music practice place business, the choice of fines), Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (the point of selling alcoholic beverages, the choice of fines), including the pertinent legal provisions and the choice of punishment for criminal facts.

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