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(영문) 대구지방법원 포항지원 2017.05.17 2017고정110
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

The Defendant is a person who operates a “Creing practice hall” on the south-gu B2 level at port.

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

Nevertheless, at around 23:30 on December 27, 2016, the Defendant sold cans, 14 cans, 130,000 won to three male customers with no name, and alcoholic beverages, such as small-scale single bottle, etc., to 1.30,00 won. At the above customer’s request, the Defendant received 40,000 won per entertainment loan from the above customers and received 40,000 won per entertainment loan, and made the above entertainment loan to provide entertainment.

Accordingly, the defendant sold alcoholic beverages in a singing practice place and arranged a loan for entertainment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Reporting on detection of violation of the Music Industry Promotion Act;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs, etc.);

1. Article 34 (2), Article 22 (1) 4 (a) of the Music Industry Promotion Act (a violation of the prohibition of loan brokerage), Article 34 (3) 2, and Article 22 (1) 3 (a violation of the prohibition of sales of alcoholic beverages) of the Music Industry Promotion Act, and Article 22 (1) 2 of the same Act concerning facts constituting a crime; the selection of each fine (the first penalty, etc.);

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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