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(영문) 서울북부지방법원 2016.05.26 2016고정743
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall with the trade name “C” in Dobong-gu Seoul Metropolitan Government.

1. Although a singing practice room business operator is prohibited from selling alcoholic beverages at the relevant place of business, the Defendant sold the cans that are alcoholic beverages to 20 cans (4,000 per unit of alcoholic beverage) from January 29, 2016 to January 23:30, 2016, to two persons, such as D, which had been served as customers from the above singing room five times to January 29, 2016.

2. In spite of the fact that a singing practice room business operator was prohibited from employing a entertainment loan or arranging to provide entertainment services, the Defendant received 30,000 won per hour from two male-doers, such as customers D, at the time and place specified in paragraph (1), and arranged to provide entertainment services by drinking together with the above customers for about 3 hours.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each protocol concerning the examination of suspect of the police to D or E;

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

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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