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(영문) 광주지방법원 2016.03.03 2015고정1928
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a singing practice hall operator who operates the “Cing practice hall” on the first floor of Seo-gu, Seo-gu, Gwangju.

(a) No music practice room business operator who violates the Music Industry Promotion Act by selling alcoholic beverages shall sell or provide alcoholic beverages;

Nevertheless, at around 02:00 on September 14, 2015, the Defendant sold three male customers, such as customers D, with a total of KRW 120,000, 30 bottles, etc.

(b) No music practice place business operator who violates the Music Industry Promotion Act by arranging a loan for entertainment shall employ a loan for entertainment;

Nevertheless, the Defendant introduced each of the above dates and places on the condition that the above three customers receive 30,000 won per hour for entertainment E, F, and nameless winners, and arranged for entertainment loans by drinking alcoholic beverages and singing together with the above customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each protocol concerning the suspect examination of the police against E or F;

1. Written statements of D;

1. Application of statutes on site photographs;

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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