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(영문) 서울북부지방법원 2016.05.12 2016고정793
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

1. No singing practice room business operator shall employ entertainment workers or assist them to employ entertainment workers;

Nevertheless, around January 19, 2015, the Defendant arranged entertainment receptions by having four female receptions provide entertainment services, such as receiving KRW 35,000 per hour from “C Sing practice place” operated by the Defendant in Seoul Special Metropolitan City, Nowon-gu, the Defendant received KRW 35,00 per hour from D and three other customers, and having four female receptions provide entertainment services to customers.

2. Although the Defendant was not allowed to sell or provide alcoholic beverages at the date, time, and place under the preceding paragraph, the Defendant sold alcoholic beverages with an amount of KRW 128,00,00, such as can cans to the above D, 32 cans, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Cuding practice receipts, certificates of registration for singing practice place business, and Acts and subordinate statutes related to shooting field photographs;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (2), 22 (1) 4 (the occupation of arranging a loan and of fine) concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 (the occupation of alcoholic beverage sales and the choice of fine) of the Music Industry Promotion Act;

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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