logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.08.20 2019고정424
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

1. The Defendant is a person who operates a singing practice room with the trade name of “C” on the second floor of Seodaemun-gu Seoul Metropolitan Government B building.

No karaoke machine business operator shall sell or provide alcoholic beverages to customers.

Nevertheless, at around 00:20 on November 24, 2018, the Defendant sold to 32,000 won all the 2 bottles, beer, and six cans, which are alcoholic beverages, to the two customers D and two other customers.

2. No karaoke machine business operator shall employ nor arrange a loan for entertainment.

Nevertheless, the Defendant, at the time and place specified in paragraph (1), promised to receive KRW 30,00 per hour a loan from his/her own name in return for the Defendant to receive KRW 30,000 per hour at the time and place specified in paragraph (1), and as a broker for the entertainment by drinking alcoholic beverages with D and two other persons, thereby violating the rules of practice of a karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions and the choice of punishment for facts constituting a crime: Determination of fines for negligence under Articles 34 (3) 2 and 22 (1) 3 (the point of sale of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (the point of intermediation of guests) of the Music Industry Promotion Act, and Article 22 (1) 4 (the point of intermediation of guests) of the same Act;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed in the Music Industry Promotion Act, which is heavier than the punishment);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

arrow