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(영문) 의정부지방법원 2017.12.21 2017고정2424
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who runs a music practice room business without being registered with any competent authority shall engage in the music practice room business without being registered with such competent authority;

Nevertheless, from July 1, 2017 to December 29, 2017, the Defendant established a singing-practice in eight rooms, “C Singing practice hall” in the name of “C Sing practice hall,” and provided customers with singing-practices with fee of KRW 30,000 per hour, and provided customers with singing-practices.

Accordingly, the defendant did not register with the competent authorities, and run a singing practice room business.

2. No one shall, for the purpose of profit-making, arrange any person to sell alcoholic beverages or to provide entertainment services with customers by drinking alcoholic beverages together with them, singing or dancing with them, and any singing practice provider shall sell or provide alcoholic beverages;

Nevertheless, at around July 19, 2017, the Defendant sold five cans to customers D in KRW 20,000, and provided the Defendant with five cans to receive KRW 30,000, and provided the Defendant with the above D with a face-to-face female 1 in company with drinking alcohol, singing or dancing.

As a result, the defendant, while running a singing practice place business, sold alcoholic beverages and arranged to provide entertainment services.

Summary of Evidence

1. Statement by the defendant in court;

1. Written opinions and reports on investigation results;

1. References to inquiries, such as criminal history, reporting on the results of dispositions and reporting on the results thereof, and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on the Promotion of Music Industry, Article 34(3)1, Article 18(1) (a) of the Music Industry Act (a business with no registration) for criminal facts, Article 34(3)2, and Article 22(1)3 (a) of the Music Industry Promotion Act, Article 34(4) and Article 22(2) of the Music Industry Promotion Act, and Article 34(2) of the Music Industry Promotion Act (a) for each choice of fines;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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