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(영문) 서울북부지방법원 2017.10.20 2017고정1229
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 in Dobong-gu Seoul Metropolitan Government with the trade name “Creing”.

1. Although a singing practice room business operator is prohibited from selling alcoholic beverages, the Defendant sold 9 canes (4,000 won per one alcoholic beverage) to 3 other than D and two other persons who are customers in the said singing practice room from April 5, 2017 to 04:10 on the same day.

2. In spite of the fact that a singing practice room business operator is not allowed to arrange for an employment of entertainment, the Defendant received 30,000 won per hour from two customers (E and F) at the time and place specified in paragraph 1, at the request of customers D, and arranged the above customers to sing and singing together with the above customers and to encourage them to provide entertainment services.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Application of the respective laws and regulations of D and G;

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