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(영문) 서울동부지방법원 2019.11.29 2019고정1043
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who operates a “Cking practice room” in Gwangjin-gu Seoul.

1. Any karaoke machine business operator who sells alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, at around 00:00 on July 7, 2019, the Defendant sold two customers, such as D, a total sum of 34,000 won to two customers, and six cans to six cans, and at the special room, up to 49,000 won to two customers, E, etc., a total of 11 cans.

2. No karaoke machine business operator shall employ nor arrange a vaccination loan;

Nevertheless, the Defendant violated the code of practice of a karaoke machine business operator by arranging a entertainment loan to drink alcoholic beverages with the above customers or encourage them to enjoy 30,000 won per hour on condition that the Defendant received 30,000 won per hour from the above customers at the time and place mentioned in Paragraph (1). However, the Defendant violated the code of practice of a singing practice room business operator by arranging a entertainment loan to drink alcoholic beverages with the above customers by taking advantage of the loan to the above customers in a special room, as well as H(50 years of age), I(n), and I(46 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Second protocol of suspect examination of I by the police;

1. Each police suspect interrogation protocol of H, F, and G;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (the point of brokerage of loan) of the Music Industry Promotion Act concerning facts constituting an offense, the selection of fines for negligence under Article 34 (3) 2, Article 22 (1) 3 of the Music Industry Promotion Act, and the 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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