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(영문) 대구지방법원 포항지원 2018.10.05 2018고정255
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 singing practice hall in South-gu B at port.

A singing practice room business operator shall not sell or provide alcoholic beverages, or drink alcoholic beverages with customers in a singing practice place, or arrange customers to provide entertainment services by singing or dancing in a singing practice place for profit.

A. On December 19, 2017, the Defendant, around 01:57 on December 19, 2017, sold the cans, which are alcoholic beverages, to D in the instant singing practice place, 18 to a total of 90,000 won, and demanded D to have a customer do so. Upon receiving a demand from D to have a customer do so, the Defendant arranged to have a female with a name of a customer, who contacted E, drink with D to have a customer drink and singing together with D for profit-making purpose.

B. On December 20, 2017, around 00:25, the Defendant: (a) sold a can, which is an alcoholic beverage, to D, in total, 50,000 won; (b) demanded D to have the customer do so; (c) contacted E with one female on the name of the contact lender; and (d) assisted E to have the customer drink and talk with D for a profit-making purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the suspect by each prosecutor against the defendant or E;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police for E;

1. Each written petition filed by D;

1. A report on internal investigation (Submission of a detailed statement of internal investigation) and a report on internal investigation (Submission of a detailed statement of internal investigation).

1. Application of the Act and subordinate statutes to a report on investigation (the verification of the face value of a contact loan A on December 20, 2017).

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act (a sales of alcoholic beverages), the selection of fines, respectively, for criminal facts;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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