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(영문) 서울북부지방법원 2016.10.13 2016고정1567
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 under the trade name of Dobong-gu Seoul Metropolitan Government building B and the second floor of “Cnoman Bank.”

1. Although a karaoke machine business operator should not employ or arrange a entertainment loan or have not provided an entertainment service, the Defendant, at around 02:00 to 07:40 on January 28, 2016, arranged a entertainment loan to provide four customers, including customers D (the age of 19) with four customers, for each hour, to receive 30,000 won per hour and receive 30,000 won from the above customers and to encourage them to sing and drink with the above customers for 3 hours.

2. Even if a karaoke machine business operator is prohibited from selling or providing alcoholic beverages at his/her place of business, the Defendant sold to four alcoholic beverages such as D, at the same time and place as paragraph (1), two alcoholic beverages (5,000 won for a single disease) and twenty alcoholic beverages (4,000 won for a single disease).

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Application of statutes governing field control photographs;

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

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

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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