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(영문) 대구지방법원 경주지원 2019.05.30 2019고정37
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a singing practice room business operator who operates "C" in B and B at the time of racing.

1. Any karaoke machine business operator who violates the Music Industry Promotion Act relating to sales of alcoholic beverages shall not sell or provide any alcoholic beverage;

On May 29, 2018, at around 21:00, the Defendant received a request from the above singing practice room to provide alcoholic beverages from his or her customers on his or her name, and sold 10 cans and 70,000 won per day-to-day per day.

Accordingly, the Defendant sold alcoholic beverages.

2. No person who violates the Music Industry Promotion Act with a view to making a profit shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services;

The Defendant, at the same time and place as mentioned in the above 1.1. At the request of the Defendant, at the same time and place as mentioned in the above, made two female actors, such as D and E, to encourage them to provide entertainment by singing together with the above customers by drinking together with the above customers.

Accordingly, the defendant assisted entertainment for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Each statement of E and D;

1. Application of statutes on site photographs;

1. In general, Article 34(3)2, Article 22(1)3 (the point of sale of alcoholic beverages), Article 34(4) and Article 22(2) (the point of referral of entertainment) of the Music Industry Promotion Act concerning criminal facts, and Article 34(3)2, Article 22(1)4 of the Music Industry Promotion Act concerning referral of entertainment by a karaoke machine business operator is the rate under Articles 34(2) and 22(1)4 of the Music Industry Promotion Act, but in this case, the case is the applicable provisions of law stated in the indictment in favor of the defendant;

Selection of each fine

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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