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(영문) 의정부지방법원 고양지원 2019.03.15 2018고단2484
음악산업진흥에관한법률위반
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 1.5 million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[2018 Highest 2484]

1. Defendant A is a karaoke machine business operator who operates a “Ding practice room” with the 7th floor of the Seongdong-gu Seoul Building in Gyeyang-gu, Yangyang-gu.

Any karaoke machine business operator shall not sell or provide any alcoholic beverage, nor shall he/she employ or arrange a entertainment loan, or provide any entertainment service.

Nevertheless, at around 17:30 on May 6, 2018, the Defendant sold to customers E four canns, three illnesss, and one tone, etc., and arranged B to engage in entertainment, such as drinking and singing together with the above E, and received a total of KRW 325,000 from the above E.

Accordingly, the Defendant violated the obligation of a karaoke machine business operator by selling alcoholic beverages and arranging a entertainment loan.

2. No one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, for the purpose of making profits;

Nevertheless, on May 6, 2018, the Defendant paid 30,000 won per hour at the above singing practice room around 17:30 on May 6, 2018, and drinks together with E.

As a result, the defendant provided entertainment to singing practice rooms for profit.

[2018 Highest 3127] Defendant B is a singing practice room business operator who operates “G singing practice room” located in the third floor of the F building A, Dong-dong, Busan Metropolitan City.

No karaoke machine business operator shall sell or provide any alcoholic beverage.

Nevertheless, at around 22:00 on September 29, 2018, Defendant B sold and provided 2 cans equivalent to KRW 8,000 in total to customers with whom the name of visiting the above singing practice room is unknown, and the name of visiting the said room is unknown, and sold and provided 2 cans equivalent to KRW 8,000 in total to customers with whom the name of visiting the room is unknown.

Summary of Evidence

[2018 Highest 2484]

1. Each part of the defendants.

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