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(영문) 서울중앙지방법원 2017.11.08 2017고정3004
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a singing practiceman who operates a singing practice room with the trade name “Creing practice hall” on the first floor in Seoul Special Metropolitan City, Gwanak-gu, Seoul.

1. No music practice room business operator who violates the Music Industry Promotion Act shall employ a loan for entertainment;

Nevertheless, from around 00:50 on July 26, 2017 to around 01:53 on the same day, the Defendant: (a) provided D, which is a contact loan (one-sing singing practice room), with E, who visited customers at the same intervals of KRW 30,000 per hour; and (b) provided the same F with the male customer at the intervals of KRW 30,000 per hour; and (c) provided the same F with the male customer at the three times, thereby having the male customer drink and drink, thereby violating the code of practice.

2. No music practice room business operator who violates the Music Industry Promotion Act shall sell or provide alcoholic beverages;

Nevertheless, the Defendant violated the rules of practice by selling 2 cans cans to customers E at 5 times and at the same time and place as the above Paragraph 1, and selling 2 cans to 8,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against the accused, D, or F;

1. Each statement of D, F, and E;

1. Application of sing practice certificate, business registration certificate, and statutes;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (2), 22 (1) 4 (the occupation of arranging a loan and of fine) concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 (the occupation of alcoholic beverage sales and the choice of fine) of the Music Industry Promotion Act;

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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