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(영문) 대전지방법원 천안지원 2017.11.30 2017고정687
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

The Defendant is a person who operates the “C Singing Practice Center” located in Seo-gu, Seo-gu, Seo-gu.

1. No person who employs any entertainment loan or singing practice room business operator shall employ any entertainment loan at a singing practice place or arrange any other person to do so;

Nevertheless, on March 7, 2017, the Defendant: (a) called “Creing practice hall” around 22:30 on March 7, 2017, sent contact to E who operates the sidewalk upon receiving a request from D, who was a customer, and provided that F and G, who are female friendship, would drink with the said customer or provide entertainment by singing and dancing on the condition that the Defendant would receive KRW 25,00 per hour.

Accordingly, the defendant arranged a contact loan in a singing practice place.

2. No vendor of alcoholic beverages shall sell or provide alcoholic beverages at a singing practice place;

Nevertheless, around March 7, 2017, the Defendant provided 10,000 won with the singing room with D, which is a customer of the said singing practice room, with 10,000 won.

Accordingly, the Defendant sold alcoholic beverages at a singing practice place.

Summary of Evidence

1. Protocol concerning the examination of some of the suspect;

1. Each protocol concerning the examination of suspect (F, G);

1. Statement protocol (D);

1. On-site photographs, etc. of the incident;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Relevant legal provisions and Articles 34(2) and 22(1)4 of the Music Industry Promotion Act concerning criminal facts; Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act; and the selection of fines for negligence;

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. Such factors as the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the background of the crime in this case, the attitude of the defendant to the investigation agency, and the criminal punishment of the defendant.

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