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(영문) 부산지방법원 2016.02.03 2015고정4745
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates 'C Singing practice hall' in Busan Jin-gu B.

1. Although a singing practice room business operator is prohibited from selling or offering alcoholic beverages, the Defendant sold alcoholic beverages of an amount equivalent to KRW 1.30,000,000, including alcoholic beverages to D and E, a guest, at around 19:00, around August 12, 2015.

2. Although a singing practice room business operator is not allowed to employ or arrange a entertainment loan, the Defendant arranged a entertainment loan by having two female women with no name, who have been in the name of the Do, to pay 20,000 won each, at the time, at the place under the preceding paragraph, and at the same time, at the request of D and E, who are customers under the preceding paragraph, and who are in the name of the Doing female, enter the above room to drink with the above customers, and let them drink and sing with the above customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of detection of business places in violation of laws, reports on control of business places in violation, and reports on detection of business places;

1. A list of sales slips;

1. Application of Acts and subordinate statutes to a report on investigation (a copy of the list of 112 reported cases);

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

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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