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(영문) 서울중앙지방법원 2017.07.11 2017고정1105
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 the "Creing Practice Center" on the first floor in Seoul Special Metropolitan City, Gwanak-gu, Seoul.

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

Nevertheless, the Defendant:

1. On November 19, 2016, around 22:15, 2016, around 22:2:15, the instant singing practice room sold three cans which are alcoholic beverages to D, customers, for 12,00 won and violated the rules of the business operator.

2. At the above temporary place, upon receiving a demand from the above D to make a customer loan (doese 42 years old) and the Domins E and F (n, 40 years old) received approximately KRW 30,000 per hour, and entered the above 2 room and arranged a customer's entertainment with the above customer for profit, such as drinking alcohol and singing together with the above customer, and raising entertainment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F and E;

1. Each statement of E, F, and D;

1. Application of statutes on site photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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