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(영문) 서울동부지방법원 2016.05.27 2016고정899
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a sing practice hall with the trade name "C" on the first floor of Songpa-gu Seoul Metropolitan Government.

A sing practice room business operator shall not sell or provide alcoholic beverages, and shall not employ or arrange any entertainment service (no matter whether on grounds of gender) nor act as a broker.

1. On March 24, 2016, around 21:00, the Defendant sold three cans to customers D, three beer, two beer, two beer, and three beer, three beer, and three beer, respectively, in the heading room C.

2. The Defendant: (a) received a demand from his name-free customers to give an advice at the time and time stated in paragraph 1; and (b) received a demand from his name-free customers; (c) provided three female women, such as E, F, and G, to attend the meeting with KRW 45,00 per hour; and (c) arranged a entertainment loan by having them drink and talk with music.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. Business registration certificate and on-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (3) 2, 22 (1) 3 (the occupation of liquor sales and the selection of fines), and Articles 34 (2) and 22 (1) 4 (the Music Industry Promotion Act (the occupation of referral of loans and the selection of fines) concerning facts constituting an offense;

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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