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(영문) 서울남부지방법원 2016.07.04 2015고정2194
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant operates a singing practice hall in the name of “C” on the first basement of Yeongdeungpo-gu Seoul Metropolitan Government.

1. Although a singing practice room business operator was prohibited from selling or offering alcoholic beverages, the Defendant sold to two persons such as D, etc. of the singing practice room at around 20:00 on June 13, 2015, at around 20:0, the Defendant sold to two persons, including D, etc. of the singing practice room.

2. Although a singing practice room business operator is prohibited from employing and mediating a entertainment loan, the defendant was requested at the same time and place as the above D, and the defendant had two persons with an influenite name, and had two persons with an influenite name enter the above place to drink with customers and drink with music, etc., and arranged a entertainment loan by allowing customers to 60,000 won in return for the request.

Summary of Evidence

1. Statements made by witnesses D in the second public trial records;

1. E statements;

1. A report on occurrence;

1. Application of statutes on a copy of cash receipt;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2, 22(1)3 (a) and 34(2) and 22(1)4 (a) of the Music Industry Promotion Act concerning criminal facts, the selection of fines for negligence, Article 22(1)4 (a) of the Music Industry Promotion Act, and 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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