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(영문) 수원지방법원 안산지원 2016.09.29 2016고정1118
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 an operator of “E sing practice hall” on the first floor of Sinung-si D at Sinung-si.

1. No person who engages in singing practice room business shall arrange a loan for entertainment;

Nevertheless, on March 7, 2016, the Defendant: (a) received a request from F, a customer, from F, to provide a singing room; and (b) provided a loan to F, by allowing the customer, to have the customer enjoy KRW 35,00 per hour; and (c) provided a personal name in the singing room, who was not a winner of the name of the singing room; and (d) provided a dance and singing with the said customer.

2. A music practice room business operator who sells or provides alcoholic beverages shall not sell or provide alcoholic beverages;

Nevertheless, the defendant received three cans to customers F at the time and place mentioned in the above paragraph 1 and sold 12,00 won to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. The document of F;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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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