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(영문) 전주지방법원 2016.03.25 2015고정902
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall in the United States-si B at Jeonju-si.

(a) No person shall sell or offer alcoholic beverages at a singing practice place for profit;

However, around May 11, 2015, the Defendant sold to customers at the instant singing practice place one set of approximately KRW 25,000, which was sold to customers.

(b) No person shall, for the purpose of profit-making, drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or arrange other persons to provide such entertainment services;

However, at the above time and place, the Defendant arranged a entertainment loan to encourage the entertainment of guests by drinking alcoholic beverages together with the customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. A internal investigation report (related to the attachment of an attached CD screen image);

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34(3)2, 22(1)3 (a) of the Act on the Promotion of Music Industry (a sales by a singing practice room business operator), Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act on the Promotion of Music Industry (a brokerage for reception in a singing practice room), and each of the fines;

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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