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(영문) 서울서부지방법원 2017.08.31 2017고정664
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 hall in the name of “Ding practice hall” on the first floor of Mapo-gu Seoul Metropolitan Government and underground.

A singing practice room business operator shall not sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

Nevertheless, the Defendant, at around 03:10 on February 4, 2017, sold 20 to two male customers E (5) who found in the above singing practice room, and sold cans to 20 to 90,000 won, and two to 20 to 90,000 won per week. Upon receiving demand from the above customers, the Defendant arranged for entertainment by giving one female contact loan on his name to her own to see drinking together with the customers, singing or dance.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the registration certificate, photograph of sing practice place and the Acts and subordinate statutes related thereto;

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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