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(영문) 서울중앙지방법원 2020.04.23 2019고단8768
음악산업진흥에관한법률위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a person who operates a singing practice room in Dongjak-gu Seoul Metropolitan Government with the trade name of "Ding practice room".

1. Defendant A

(a) Any karaoke machine business operator who violates the Music Industry Promotion Act by selling alcoholic beverages shall be prohibited from selling or offering alcoholic beverages;

Nevertheless, on August 7, 2019, between 23:00 and 00:40 of the same month, the Defendant sold one of the instant “D karaoke machine” to E, which had been a customer, approximately 500 meters of alcoholic beverages, including three illnesss of alcoholic beverages.

(b) No karaoke machine business operator who violates the Music Industry Promotion Act by employing a entertainment loan shall employ a entertainment loan, arrange for employment of a entertainment business operator, or provide an entertainment service;

Nevertheless, the Defendant received the demand from the above E at the above date, time, and place, and arranged for a entertainment loan by allowing the customer to drink with the customer and to provide a entertainment service with the condition that 30,000 won shall be paid to B who did so.

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

Nevertheless, on the condition that the defendant receives 30,000 won from the above A in the date, time, place, and place mentioned in Paragraph (1), he saw with E who was present at the place of the customer, and provided the guest with drinking and singing with music to encourage the guest's entertainment.

Summary of Evidence

1. Defendants’ partial statement

1. Prosecutions and suspect examinations of defendants A by prosecutors;

1. Statement to E by the police;

1. On-site-related photographs;

1. A statement of detection;

1. Certificate of registration of singing practice room business;

1. A detailed statement of the currency tax and the detailed statement of the currency (the detailed statement of the commercial currency) of the Defendants denies the offer of a contact loan and entertainment activities.

However, it is admitted by the evidence adopted by this court.

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