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(영문) 서울남부지방법원 2018.07.18 2018고정544
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

B “D” on the first floor of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and underground, is a singing practice hall operator who operates a singing practice hall with one another, and the Defendant is a person who, as Defendant B’s journal, tried to work in the above singing practice hall.

A sing practice room business operator shall not employ or arrange a entertainment loan, nor sell or provide alcoholic beverages.

Nevertheless, from October 23, 2017 to around 03:50 on the same day, the Defendant requested four customers, E, etc., who are customers, to take advantage of their will while assisting them in the business of “D Singing practice hall”, and had two women, who are not registered, participate in entertainment with customers, and let them take advantage of their will, thereby arranging a contact as employees of “B”, and providing the said customers with six cans, which are alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 35, 34 (2), 22 (1) 4 (the point of a contact loan arrangement), 35, 34 (3) 2, and 22 (1) 3 (the point of a tender offer) of the same Act concerning facts constituting an offense, and the choice 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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act, according to the evidence duly adopted and examined by the court, the defendant's assertion that the facts constituting the crime in the judgment cannot be accepted, and his mistake is not divided.

The sentencing conditions stipulated in Article 51 of the Criminal Act, including these circumstances, shall be determined as per the order.

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