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(영문) 울산지방법원 2018.07.04 2018고정550
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 the Seoul Southern-gu building B, and the second floor of the building "Creing practice hall operated by Eul".

A singing practice room business operator shall not sell or provide alcoholic beverages, and shall not employ or arrange a loan for entertainment.

1. On February 10, 2018, from around 23:20 to around 04:30 the following day, the Defendant sold alcoholic beverages equivalent to KRW 3.10,000,00 in total, including 15 bottles and 1 concurrent alcoholic beverages to two customers D, etc. at the instant singing practice room.

2. The Defendant arranged a entertainment loan to provide two persons who have the right to know in name at the time and place specified in paragraph 1, to pay 50,000 won each to them, and to allow them to drink alcoholic beverages with two persons, such as the above customer D, etc., and to talk with singing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the protocol concerning interrogation of suspects to the prosecution regarding D;

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

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes with the punishment stipulated for a violation of the Music Industry Promotion Act due to the sale of heavy alcoholic beverages);

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 provides that only one time of a crime subject to a fine of KRW 500,000,000 for a violation of the Music Industry Promotion Act due to the sentencing of Article 334(1) of the Criminal Procedure Act, which reflects the crime, and takes into account relatively small business size and circumstances after the crime.

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