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(영문) 서울중앙지방법원 2017.09.13 2017고정1608
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the Gangnam-gu Seoul building and the second floor “C Sing practice hall”.

1. On April 10, 2017, at around 22:00, the Defendant sold 4 canes, beer, and 2 rooms, which are alcoholic beverages, to two male and female customers. Upon receiving a demand from the above customers, the Defendant arranged a loan by having D (the age of 51) (the age of 51) receive 35,000 won per hour and drink with the above customers to drink and drink with the above customers.

2. At around 22:30 on the same day as Paragraph 1, the Defendant sold 4 cans, which are alcoholic beverages, to two male customers without the name of the customer, at the above singing practice room 7, and arranged for an entertainment loan by having E (n, 45 years of age) and F (n, 40 years of age) receive a demand from the above customers to stop to do so, and having the above customers 35,00 won per hour sing and singing together with the above customers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written statement of the defendant, D, and E;

1. Application of control field photographs and business registration certificates-related Acts and subordinate statutes;

1. Article 34 (2) and Article 22 (1) 4 (Selection of a fine) of the Music Industry Promotion Act concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 (Selection of Sales of Alcoholic Beverages and of a fine) of the same Act concerning the choice of punishment;

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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