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(영문) 서울중앙지방법원 2018.04.05 2018고정518
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 in the name of “Csing practice hall” on the first floor of Seocho-gu Seoul Metropolitan Government B building.

No sing practice room business operator shall sell or provide any alcoholic beverage, or employ or arrange any entertainment service (no matter whether on grounds of gender) or provide any entertainment service, or commit an entertainment service provider.

A. From around 22:00 on September 26, 2017, the Defendant sold the cans, which are alcoholic beverages, to customers under his/her name, with the total amount of KRW 3,000 per share of KRW 3,000 per share of 3,00,000.

2) On November 17, 2017, at around 22:10, the Defendant received and sold the studio in the instant singing practice room No. 3, and the 7studio in the name of customers with a total of KRW 56,000 per each of 14 cans, which are alcoholic beverages, to customers without a name.

B. At around 22:00 on September 26, 2017, the Defendant arranged for a loan by having 30,000 won per hour a guest receive 30,000 won from Doesmi-man D (49 years of age, 47 years of age, 47 years of age, 47 years of age, n) and E (n) upon receiving a demand from singing customers, at around 22:00 the above singing practice room, the Defendant arranged for a loan by having customers sing and dance together with customers.

2) On November 17, 2017, the Defendant: (a) received a demand from his nameless customers to give a dance; and (b) provided loan to his nameless customers by having him receive KRW 35,00 per hour at 35,00 per hour; and (c) H (50,000 per hour) received 30,00 won per hour at studio, Domini G (42 years of age, 50 years of age, 50 won per hour; and (d) arranged the Defendant to receive KRW 30,000 per hour at 7 studio.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of Acts and subordinate statutes governing the scene photographs of enforcement;

1. Relevant 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 (a) of the same Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the choice of fines;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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