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(영문) 서울북부지방법원 2018.03.28 2018고정197
음악산업진흥에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant operates a singing practice hall in Nowon-gu, Seoul, Nowon-gu, with the trade name "Creing practice hall" on the first floor.

1. Although a person who violates the Music Industry Promotion Act by the sale of alcoholic beverages does not sell alcoholic beverages, the Defendant sold cans and 2 cans and 1 bottles to D at around October 30, 2017, around 19:00, the Defendant sold alcoholic beverages to D, who is the customer of the said singing practice room.

2. In spite of the fact that the music industry promotion business operator in violation of the Music Industry Promotion Act through the entertainment loan arrangement was prohibited from employing or mediating a entertainment loan, the defendant was requested by the above D at the above date and time, and at the above place, and the defendant was allowed to enter the above room and let the name-free person, who was well-known, enter the room, let the above customer enter the room, let the above customer take 30,000 won per hour and arrange a entertainment loan by receiving 120,000 won per hour from the customer and providing him/her with the service fee of 30,000 won per hour.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale 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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