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(영문) 대전지방법원 천안지원 2019.05.28 2019고정187
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two 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 room with the trade name of "Cing practice room" in Dong-gu, Nam-gu, Dong-gu.

No karaoke machine business operator shall employ or arrange a entertainment loan, or sell or provide any alcoholic beverage.

Nevertheless, at around 21:20 on December 10, 2018, the Defendant: (a) received a request from the said singing practice room to allow customers D and E to practice, and (b) provided loan to F and G, which is a female entertainment loan, by having the said D and E drink drink drink and drink, and (c) sold and provided alcoholic beverages to the said D and E by selling 10 cans of “cars” cans (4,000 won per cans).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of the police statement law to H

1. Relevant provisions of the relevant Act on criminal facts, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan assistance), Article 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act, and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s mistake in sentencing of Article 334(1) of the Criminal Procedure Act is recognized.

However, the Defendant did not commit a crime of the same kind, but violated the law by arranging a contact loan and selling alcoholic beverages despite the fact that he had been punished several times for other crimes.

Other circumstances revealed in the trial process, such as the age, character and conduct, the environment, the background of the crime, and the circumstances after the crime, etc., shall be determined as ordered.

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