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(영문) 수원지방법원 성남지원 2017.12.15 2017고정610
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Although a singing practice room business operator is prohibited from offering and selling alcoholic beverages, the Defendant sold alcoholic beverages by selling three cans to customers with no name in Gwangju City’s singing room at around 23:40 on June 20, 2016 and selling three cans to customers with 15,000 won.

2. Although a singing practice room business operator was prohibited from employing a entertainment loan or arranging to act as a broker, the Defendant, at around June 20, 2016, arranged a entertainment loan by allowing E to engage in entertainment with his/her nameless customers while drinking together with his/her nameless customers at the singing room.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Part of the statement made to the police with F;

1. E statements;

1. A report on the control of a business place;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (3) 2, 22 (1) 3 (the point of sale of alcoholic beverages and the choice of fines), and Articles 34 (2) and 22 (1) 4 (the Music Industry Promotion Act (the point of arranging a loan, the choice 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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