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(영문) 전주지방법원 2020.06.24 2019고정527
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

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Cing practice room” in Jeonju-si B.

No karaoke machine business operator shall sell or provide alcoholic beverages, or hire or arrange a loan for entertainment.

1. On February 27, 2019, around 23:12, the Defendant sold alcoholic beverages after receiving a total of KRW 5,000 won per cans to six cans from among D and one other from customers in the instant singing practice room.

2. On February 27, 2019, at around 23:16, the Defendant: (a) received a demand from the said customers to give a letter to the said customers; (b) provided two persons with an influence in name; and (c) provided a loan to the said customers by drinking alcohol and singing with the said customers; and (d) assisted the said customers to provide entertainment services.

3. On September 12, 2019, at around 23:30 on September 12, 2019, the Defendant arranged for a entertainment loan, such as having two of the following customers, who want to get friendship from E and one other, who are customers, by drinking alcohol and singing together with the above customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Written statements of D;

1. The credit sales slip of the F company;

1. Application of Acts and subordinate statutes to a report on occurrence (or a violation of the Music Industry Promotion Act) and a report on internal death (or a certificate of running a singing practice room business and an attachment to a singing practice

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (sale of Alcoholic Beverages), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (Mediation of Contacting Loans), and selection of fines;

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

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

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

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