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(영문) 대전지방법원 2017.07.14 2017고정365
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates the "E Sing Practice Center" in the 6th 406th 6th 406 of the D building at the time of the Special Self-Governing Province, and Defendant B is an employee of the above Sing Practice Center.

1. Defendant B

A. Although a singing practiceman is prohibited from selling or offering alcoholic beverages, the Defendant sold the following: (a) around July 6, 2016: (b) around 20:05, at the 4 heading room of the said singing practice room, to two customers, F, etc., including customers, the total market price of KRW 110,000 won.

B. Although a singing practice room business entity should not employ, arrange, or act as a broker, the Defendant: (a) provided two women, including F, at the same time and place as above, with only one female helper to play singing together; and (b) arranged the loan by allowing them to play singing together.

2. Defendant A’s aforementioned date, time, and place as mentioned above, Defendant B violated the Music Industry Promotion Act with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site reports (an investigation into video images of the E sing practice center);

1. Application of Acts and subordinate statutes on a petition;

1. Article 34(3)2, Article 22(1)3 (a) of the Music Industry Promotion Act, Article 34(2) and Article 22(1)4 (a) of the Music Industry Promotion Act, and Article 22(1)4 (a) of the Music Industry Promotion Act, Defendant B selected as a fine for the crime: Articles 35, 34(3)2, and 22(1)3 (a) of the Music Industry Promotion Act, Article 35, Article 35, Article 34(3)2, and Article 22(1)3 (a) of the Music Industry Promotion Act, Article 35, Article 34(2), and Article 22(1)4 (a) of the same Act, and Article 22(1)4 (a) of the same Act, respectively, shall be punished by a fine;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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