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(영문) 서울남부지방법원 2016.12.09 2016고정2602
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 the person who operates a singing practice room in the name of Geumcheon-gu Seoul Metropolitan Government B and 2.

No karaoke machine business operator shall employ or arrange a entertainment loan, or sell or provide alcoholic beverages.

Nevertheless, at around 23:20 on April 27, 2016, the Defendant received 30,000 won per hour from the said singing practice room from the said customer D to receive 30,000 won from the said customer, and let E, who had the said customer, go in company with the customer and provided the entertainment to the customer by drinking alcohol and singing, and sold 5 canns, which are alcoholic beverages, to the said customer, in 20,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of E;

1. Request to investigate illegal business of a singing practice room (Camnobs); a report and a written statement;

1. Application of Acts and subordinate statutes on field photographing video CDs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), 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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