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(영문) 서울중앙지방법원 2016.11.29 2016고정3329
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 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 room with the trade name of “C” in Jung-gu, Seoul.

1. No karaoke machine business operator shall arrange any employment of a entertainment loan;

Nevertheless, during the period from June 1, 2016 to June 2, 2016, the Defendant: (a) received a request from a male customer, D, etc., who found a place of the said “C” in the above “C” room from around 22:30 to June 2, 2016, and received a request from a male customer, etc., to 30,000 won per person for the entertainment loan (one day: one female customer), and (b) received 30,000 won. The Defendant breached the obligation of a karaoke machine business operator by allowing three female female guests of a person who has not been registered to see with the said customer, to drink together with the said customer, to drink together with the said customer, or to provide entertainment to the customer with singing or dancing.

2. Any karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage;

Nevertheless, the Defendant violated the obligations of the karaoke machine business operator by selling 20,000 won at the market price of 20,000 bottles to male customers D, etc. at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of statutes governing a copy of a certificate of registration;

1. Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act (the point of arranging entertainment activities), Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages), the selection of a fine for each crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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