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(영문) 서울동부지방법원 2020.02.04 2019고정1152
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Although a person who intends to run a singing practice room business is registered with the competent authority, the Defendant run a singing practice room business with the trade name “C” on April 16, 2019 without registering with the competent authority.

2. Although a singing practice room business operator was prohibited from selling or providing alcoholic beverages, the Defendant operated a singing practice room as above, and the Defendant sold alcoholic beverages worth KRW 57,000,00, including 13 bottles (4,000 per sick person) and 1 bottles (5,000 per sick person) to male customers on his/her name at two rooms of the said business establishment from April 16, 2019 to 22:40.

3. In spite of the fact that a karaoke machine business operator is prohibited from employing or mediating a entertainment loan, the Defendant promised to provide entertainment services to D, E, or F at the time, place, and place specified in paragraph (2) at KRW 35,00 per hour, and arranged him/her to provide entertainment services, such as having him/her drink and singing together with a male guest in his/her name-free room.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, and D;

1. Sings control photographs;

1. Application of Acts and subordinate statutes of the Investigation Report (G);

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry, Articles 18 (1) (a point of operation of a singing practice room without registration), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a point of sale of alcoholic beverages), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (a point of operation of a singing practice room), and selection of fines for negligence;

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

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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