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(영문) 서울북부지방법원 2018.02.19 2017고정2263
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall with the trade name “C” in Dobong-gu Seoul Metropolitan Government.

Sing practice room business operators are not allowed to sell or provide alcoholic beverages or arrange for a loan for entertainment;

1. On September 18, 2017, the Defendant sold 30,000 won, such as a car cans, which are alcoholic beverages, to two alcoholic beverages such as D, etc. in the instant singing practice room, around 23:00.

2. The Defendant received 30,000 won per hour from customers E, etc. at the same place as provided in the preceding paragraph, and gave to the guests, and then, the Defendant arranged a loan by allowing two persons of non-name-based gambling to provide entertainment to customers by singing and dancing with customers.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A card settlement receipt;

1. A certificate of registration of a singing practice room;

1. Application of statutes governing field control photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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