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(영문) 수원지방법원 안양지원 2015.05.21 2015고정440
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a “Ek practice room” in militaryposi-si D.

A sing practice hall business operator shall not employ any entertainment loan, offer any good offices therefor, or provide any entertainment services.

Nevertheless, around February 21, 2015, the Defendant received a request from the customer F, etc. to give an advice to the customer F, etc. on February 12, 2015, and arranged a loan to provide an entertainment service to the customer by drinking alcoholic beverages together with G, H, I, B, F, etc. who do so.

2. Defendant B received KRW 25,00 per hour at the time and place specified in the preceding paragraph, and provided entertainment to customers F, etc. by singing and dancing.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of a copy of business registration certificate;

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

(a) Defendant A: Articles 34(2) and 22(1)4 (Selection of Fines) of the Music Industry Promotion Act;

(b) Defendant B: Articles 34(4) and 22(2) of the Music Industry Promotion Act (Selection of Fines)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Inasmuch as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the confessions of the Defendants, and seek a preference, Defendant A is confirmed to have three times the criminal records of the same kind of fine, and Defendant B has the records of having been suspended from indictment one time and a fine one time due to the same crime, the punishment of the summary order shall be maintained as it is.

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