2016 High Court Decision 1584 Violation of the Music Industry Promotion Act

A person shall be appointed.

○○○ (Acting for, Institution of Prosecution), ○○ (Public Trial)

August 19, 2016

Defendant shall be punished by a fine of two million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

The Defendant is a person who operates a singing practice room on the trade name of “○○○○○○○○○○○○○ in Seoul Jung-gu.” King practice room business operators need not arrange a contact loan or sell and provide alcoholic beverages.

1. Sale of alcoholic beverages;

On June 13, 2016: Between 00 and 23:46 on the same day, the Defendant sold alcoholic beverages, such as ○○○○○ Kinging room 2, to two customers B, etc., such as customers.

2. Arranging a loan;

The Defendant received a demand from the above B, etc. at the date, time, time, and place specified in paragraph (1), and received KRW 100,000 from the above B, etc., in cash, and provided them with some of them, and then arranged for a loan by having C and D, who are well-known, attend the meeting with the above customers, and encourage them to provide entertainment to customers by singing and dancing.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. To file a report on internal investigation (to make oral statements on customers E), a criminal investigation certificate (to hear statements on customers by singing), and a criminal investigation certificate (to hear statements on customers B);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act, Articles 34(4) and 22(2) (a) of the Music Industry Promotion Act, and the choice of fines for negligence

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Park Jin-young