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(영문) 대구지방법원 2017.05.31 2017고정791
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a singing practice room operator who operates a singing practice hall with the trade name of “Csing practice” in Daegu Southern-gu B.

A singing practice room business operator shall not employ a entertainment loan, offer a good offices therefor, nor sell or provide alcoholic beverages.

Nevertheless, at around 22:30 on February 23, 2017, the Defendant sold 5,000 won per week to 5,000 customers including D, etc. at the instant singing practice room, and had two customers, such as H, etc., receive a loan at the request of the said customers, and sold at around 23:00 on the same day to 15,00 won per week to 15,00 won, and had I and J to receive a loan at the request of the said customers.

Accordingly, the defendant arranged a entertainment loan over twice and sold alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer in relation to H, I, K, J, E, F, and G;

1. A letter of the person D;

1. Application of Acts and subordinate statutes of the investigative report (No. 1,17 lists of evidence);

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2 and 22(1)2 (a) of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), Articles 34(2) and 22(1)4 of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), and the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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