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(영문) 서울동부지방법원 2019.02.12 2018고정1305
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name “C” on the Songpa-gu Seoul Metropolitan Government B and the 1st underground floor.

1. No karaoke machine business operator shall employ any entertainment loan, arrange any entertainment business operator, or arrange any entertainment business operator;

Nevertheless, at around 21:50 on September 15, 2018, the Defendant violated the code of practice of a karaoke machine business operator by allowing three persons, such as E, who were demanded to receive a delivery of the said singing from three customers, such as D, etc., to enter a room in which the said customers are waiting, to dance together, and to provide a singing, and arranging a loan of KRW 30,000 per hour from the said customers, thereby violating the code of practice of a karaoke machine business operator.

2. No karaoke machine business operator shall sell or provide alcoholic beverages at his/her place of business;

Nevertheless, the Defendant sold 5 cans and 1 bottles, which are alcoholic beverages, to three persons such as the date, time, place, etc. mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, and G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of Control Circumstances);

1. Article 34 (3) 2, Article 22 (1) 3, Article 34 (2), and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act shall be determined as ordered by taking into account the following factors: (a) the Defendant has no record of being subject to criminal punishment for the same offense; and (b) the degree of punishment in the same case, etc. as indicated in the instant trial.

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