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(영문) 서울서부지방법원 2016.12.22 2016고정1323
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by KRW 2,00,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The defendant B shall not sell or provide alcoholic beverages, nor arrange for a loan for entertainment;

On June 9, 2016, at around 22:40, the Defendant sold and provided five alcoholic beverage customers, such as the “E,” at a singing practice room located in Eunpyeong-gu Seoul Metropolitan Government and underground 1st floor, with 11 caners, which are alcoholic beverages. Contacts with entertainment loan A, F, G, H, and I, which was aware of usual contact numbers, and arranged the Defendant to provide entertainment to the said E, etc., or to provide entertainment to customers by singing or dancing.

2. No person who defendant A shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing in a singing practice room for profit;

On June 9, 2016, around 22:40, the Defendant: (a) received KRW 30,00 from customers in a singing practice room as seen above; and (b) provided drinking with customers E, etc.; (c) provided entertainment to customers by singing or dancing.

Summary of Evidence

1. Defendant B’s first day and statement in court;

1. Defendant A’s second day and statement in court;

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

1. E statements;

1. Report on control (Violation of the Music Industry Promotion Act);

1. Application of statutes on site photographs;

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

(a) Defendant B: Determination of fines for negligence under Articles 34(2) and 22(1)3 (a) of the Music Industry Promotion Act (a point of sale and provision of alcoholic beverages), Articles 34(2) and 22(1)4 (a) of the Act on Promotion of Music Industry (a point of intermediation of adjacent loans);

B. Defendant A: Articles 34(4) and 22(2) of the Music Industry Promotion Act; selection of fines

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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: Article 334(1) of the Criminal Procedure Act

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