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(영문) 수원지방법원 안산지원 2018.07.27 2018고정441
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the defendant's business of "F speech practice place" on the first floor of the old E of Ansan-si.

1. The Defendant, in violation of an order of suspension of business, was subject to an administrative disposition of suspension of business from January 1, 2018 to February 9, 2018 from Ansan-si, the Defendant, in violation of the order of suspension of business, operated a singing practice room for customers G who found the said “F musical practice hall” around January 21, 2018, by allowing them to use two cans and one-time singing practice room and receiving KRW 30,000,00.

2. Although the Defendant, as a singing practice proprietor, was prohibited from selling or providing alcoholic beverages, the Defendant, at the above date, at the above place, had the said customer G use two cans and one hour-time, and received payment of KRW 30,000 as a price, to sell and provide alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A copy of the calculation receipt;

1. Application of an order to suspend business operations (40 days of business suspension, January 1, 2018 to February 9, 2018) to an administrative disposition;

1. Relevant Article 34 (3) 3, Article 27 (1) (a) of the Music Industry Promotion Act (referring to a person who conducts business during the period of suspension of business), Article 34 (3) 2, and Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale and provision of alcoholic beverages), and selection of fines for each crime;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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