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(영문) 서울중앙지방법원 2016.01.29 2015고정4770
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 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 provider who operates "Creing" on the first floor of Gangnam-gu Seoul Metropolitan Government, and the defendant is not allowed to sell or provide alcoholic beverages, and he/she shall not employ or arrange a entertainment loan, nor act as a broker.

Nevertheless, at around 23:40 on September 24, 2015, the Defendant sold the sum of KRW 68,000 per hour to D and three other customers, such as beer 17 cans, fruits, etc., and as requested by the above D, paid KRW 24,00 per hour E, F, G, and H to pay KRW 24,00 per hour, and arranged so-called “Domins.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, G, H, and F;

1. Application of Acts and subordinate statutes to investigation reports (related to the fact that a request for singing has been made);

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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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