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(영문) 인천지방법원 부천지원 2014.09.18 2014고단1465
음악산업진흥에관한법률위반
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 50,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a singing practice room with the trade name of “Dnoman Bank” from the Won-gu, Seocheon-gu, Seocheon-si C and the second floor.

On June 17, 2014, despite the fact that a singing practice room business operator was prohibited from employing or arranging a entertainment loan, the Defendant, at around 00:05, provided a loan to the said singing practice room with the demand of the said customer E and one other, to communicate with the said customer E and the said customer, thereby leading the said customer to promote entertainment by singing, and to receive KRW 25,000 per hour from the customer.

B. Despite the fact that a singing practice room business operator is prohibited from selling or providing alcoholic beverages, the Defendant sold a car cans, which is a alcoholic beverage, to E and one customer, at the same time and place as above.

2. Although Defendant B was prohibited from drinking alcoholic beverages with customers, singing or dancing, Defendant B provided entertainment to customers at a singing practice room for profit, Defendant B provided entertainment to customers by singing or dancing on the above date, time, place, and place as seen above. The Defendant provided entertainment to Nonparty E, a customer, by singing or dancing for profit.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of control-related photographs and investigation reporting Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 34(2), 22(1)4 (a) of the Music Industry Promotion Act; Articles 34(3)2, and 22(1)3 (a) of the same Act (a point of sales of alcoholic beverages); and the choice of imprisonment (including several times of power, etc.);

B. Defendant B: Articles 34(4) and 22(2) (a) of the Music Industry Promotion Act; the choice of fines

1. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the violation of the Music Industry Promotion Act mediating a heavier concurrent loan);

1. Detention at a workhouse;

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