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(영문) 광주지방법원 2017.09.27 2016고단4920
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall on the second floor of a commercial building located in the north-gu Seoul Metropolitan City, Gwangju Metropolitan City, with the trade name of "D".

A sing practice room business operator shall not sell or provide alcoholic beverages, and shall not employ or arrange any entertainment loan.

Nevertheless, around 01:00 on October 31, 2016, the Defendant arranged for a female customer who found his/her location in D, as a contact loan, and sold 1 sick and 2 bottles per week.

Accordingly, the defendant sold alcoholic beverages as a singing practice room business operator and arranged a loan for entertainment.

The Defendant is a person who operates a singing practice hall on the second floor of a commercial building located in Gwangju Northern-gu C in Gwangjubuk-gu.

A sing practice room business operator shall not sell or provide alcoholic beverages, and shall not employ or arrange any entertainment loan.

Nevertheless, around 22:00 on December 4, 2016, the Defendant arranged two female customers who had found their places in D, as a contact loan, and sold two female customers who had been infinites and five having been infinites.

Accordingly, the defendant sold alcoholic beverages as a singing practice room business operator and arranged a loan for entertainment.

Summary of Evidence

"2016 Highest 4920"

1. Partial statement of the defendant;

1. "Statement of E in the protocol of interrogation of the suspect of the police against the accused, 726 high rank of 2017";

1. Partial statement of the defendant;

1. Application of F’s written confirmation-related Acts and subordinate statutes;

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 Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 of the same Act concerning facts constituting an offense; the choice 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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant reported the production of sound records or music video works.

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