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(영문) 서울동부지방법원 2020.01.16 2019고단3729
음악산업진흥에관한법률위반
Text

[Defendant A] The defendant shall be punished by a fine of two million won.

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

Reasons

Criminal facts

Defendants are those who operate a singing practice room with the trade name of "Ding practice room" on the Songpa-gu C and the second floor of Songpa-gu Seoul, and a singing practice business operator shall not sell or provide alcoholic beverages, and shall not employ or arrange a entertainment loan.

1. From around 22:45 on November 6, 2019 to around 23:00, Defendants jointly sold the instant “D karaoke machine”, 4 cans for customers under the name of the said bank, 2 cans for customers under the name of the two banks, 4 cans for beer, 4 cans for beer to customers under the name of the six banks, and 4 cans for beer to customers under the name of the six banks, and 4 cans for beer to customers under the name of the six banks, respectively.

2. Defendants in violation of the code of practice following the arrangement of entertainment loans jointly and at the time and place set forth in paragraph 1, and received a request from the above-mentioned customers, namely, E, F, and G to give an entertainment loan at KRW 35,00 per hour, and the above E, etc. provided an entertainment loan by having the customers drink and singing together with their customers.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of E and F;

1. Control note;

1. Application of statutes governing registration certificates of karaoke machine business;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 34(2) and 22(1)4 of the Music Industry Promotion Act (a) of the same Act, Article 34(3)2 and Article 22(1)3 of the same Act (a) of the same Act, Article 30 of the same Act

B. Defendant B: Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, Article 34(3)2 and Article 22(1)3 (a) of the Music Industry Promotion Act, Article 30 of the Criminal Act

1. Of concurrent crimes (defendants), the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant A);

1. Suspension of execution;

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