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(영문) 서울동부지방법원 2019.02.20 2018고단4171
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine not exceeding 3.5 million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who operates a singing practice room with a trade name called “Cnomana room” in Songpa-gu Seoul Metropolitan Government.

Any karaoke machine business operator shall be prohibited from selling or providing alcoholic beverages, and shall not employ or arrange any entertainment loan.

Nevertheless, at around 22:50 on October 8, 2018, the Defendant: (a) sold alcoholic beverages equivalent to KRW 60,000,000 in total for 15 to four customers with no name; (b) received a demand from the said customers to receive delivery of alcoholic beverages from D, E, and F; and (c) arranged a contact loan by allowing D, E, and F to sit in an alcoholic beverage with the said customers, while receiving KRW 30,000 to 35,00 per hour, and having them drink and sing in an alcoholic beverage.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police interrogation protocol;

1. Article 34 (2) and (3) 2, and Article 22 (1) 3 and 4 of the Music Industry Promotion Act (Selection of each fine);

1. The former part of Article 37 and Article 38 of the Criminal Act among concurrent crimes;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse is to reduce the number of past calendars by taking into account the fact that the defendant discontinued his business, the circumstances of home, etc.

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