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(영문) 수원지방법원 안양지원 2017.07.14 2017고정207
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of one 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 D's singing practice hall on the first floor of the Manan-gu C and the underground.

1. No music practice room business operator who violates the Music Industry Promotion Act related to the sale of alcoholic beverages shall sell alcoholic beverages;

Nevertheless, at around December 29, 2016, the Defendant sold 4 cans for beer to E, who has been a customer at the above singing practice place at around 01:27, 201, for 16,000 won.

Accordingly, the Defendant violated the code of practice for singing practice room business operators.

2. No defendant who violates the Music Industry Promotion Act in relation to referral of a loan for entertainment shall employ or arrange a loan for entertainment;

Nevertheless, the Defendant received a request from the above E at the time and place specified in paragraph 1, and received KRW 30,000 per hour, and the female entertainment loan with which the name is unknown, with the above E, made the Defendant feel entertainment by drinking alcohol and singing together.

Accordingly, the Defendant violated the code of practice for singing practice room business operators.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

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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