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(영문) 서울남부지방법원 2016.09.22 2016고단690
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

The Defendant: (a) was a person who operates singing rooms in Gangseo-gu Seoul Metropolitan Government and the first floor; and (b) was prohibited from employing a entertainment loan, or selling or providing alcoholic beverages, a singing practice room business operator; (c) around October 18, 2015, around 19:30, the Defendant: (a) sent alcohol to E and F, who was found to be a customer, who received an order from E and F for drinking and gambling; and (d) notified E and F of the phone number of the news report, and provided E and F with the phone number to encourage entertainment by leading the Defendant, a singing practice room business operator, to arrange for a entertainment loan and provide alcoholic beverages.

Summary of Evidence

1. Each legal statement of E and F;

1. Statement made by the prosecution with respect to E and F;

1. The defendant asserts that the defendant was guilty of a receipt, on-site photograph, or a business operator's photograph registration certificate while running a singing business, only he/she had a singing and drinking, and that he/she did not directly sing and provide a singing and drinking.

According to the following: ① the Defendant’s statement at the investigative agency and court of E and F, and the video of field pictures: (a) the Defendant’s request was made to find the Defendant as a customer in a singing practice room operated by E, etc.; (b) the Defendant rejected the request; and (c) the Defendant asked the contact information while referring to the player E, etc.; and (d) the Defendant was aware of the contact information; and (e) the Defendant is aware of it.

The fact that E, etc. responded to this, <3> there was a defect in notifying the defendant of contact information about the helper, the defendant linked the phone number of the helper, which he knew, by means of inputting the phone number of the helper's business operator into E, and <4> The fact that E got out of telephone communications, and the fact that the defendant provided alcohol to customers by means of providing it to E, etc., are recognized, and the above facts are recognized.

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