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(영문) 서울북부지방법원 2016.08.19 2016고정1584
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 hall with the trade name “C” in Seoul Jung-gu.

A singing practice room business operator shall not arrange for a entertainment loan or sell or provide alcoholic beverages.

1. The Defendant sold alcoholic beverages from June 13, 2016 to June 23:00 on the same day to 23:46 of the same day to two customers, including customers D, in the instant singing practice room 2.

2. The Defendant received a demand from the above D, etc. to give a letter of credit at the time and place set forth in paragraph 1, and received KRW 100,000 in cash at the singing room, liquor, and gambling room, and provided a letter of credit to the Doese, and then arranged a loan by allowing the Doese E and F to provide a guest with music and dancing by attending with the above customers.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to report internal affairs, to file a criminal investigation confirmation, to hear statements from singing customers, and to conduct criminal investigation confirmations (to hear statements from customers D);

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales offer of alcoholic beverages), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning criminal facts, the selection of fines for negligence;

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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