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(영문) 수원지방법원 여주지원 2016.06.22 2016고정98
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Defendant A [A] is an overseas Korean who entered the Republic of Korea on November 13, 2016 with the nationality of the Republic of China of the Republic of China and entered the Republic of Korea on the status of stay (F-4-99) that he/she may stay in the Republic of Korea on November 13, 2016, and operates “D” on Echeon-si C and the first basement level of Gyeonggi-do.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, on December 22, 2015, the Defendant failed to comply with the matters to be observed by singing practice managers, such as selling and providing three cans cans cans and 9,000 won to three persons who have been found as customers, in two rooms in Echeon-si, Gyeonggi-do, and Da, Da, 1 underground, and in the name of a man who has been found as customers.

[2016 High 99] The Defendant is a singing practice instructor running “D” in Echeon-si C.

No sing practice room business operator shall employ any entertainment loan or arrange such loan.

Nevertheless, at around January 18:58, 2016, the Defendant: (a) received a request from E to request to provide a entertainment loan to customers in the instant singing practice place; (b) provided F with the said E to encourage entertainment by singing; and (c) received KRW 25,000 per hour.

Summary of Evidence

"2016 High 98"

1. Statement by the defendant in court;

1. Reporting on detection (Violation of the Music Industry Promotion Act);

1. A photograph of 2016 high 99, which is taken of a cans of rooms No. D 2;

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. A written statement;

1. Application of Acts and subordinate statutes to report internal investigation (the analysis of video data);

1. Relevant Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sales and provision of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 (a) of the Music Industry Promotion Act concerning facts constituting an offense, the selection of fines for negligence;

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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