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(영문) 서울동부지방법원 2017.09.12 2017고정961
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 business in the name of "Csing in Gwangjin-gu Seoul Special Metropolitan City."

1. No singing practice room business operator shall employ nor arrange a loan for entertainment;

Nevertheless, at around 01:00 on April 14, 2017, the Defendant, at the above singing practice room 205 room, had a person who is a customer, enter the room and let him take the time of the above customer, and arranged the loan by allowing him to receive KRW 30,000 per hour from the customer and receive KRW 30,000 per hour.

2. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, the defendant sold six cans to D who are customers at the same time and place as the above 1. Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on internal investigation (the Eline statement by a police officer dispatched to the scene);

1. Relevant Article 34 (3) 2, Article 22 (1) 3, Article 34 (2), and Article 22 (1) 4 of the Music Industry Promotion Act concerning criminal facts, the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Article 38 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the defendant recognized the crime of this case and reflects the wrongness, the quantity and value of alcoholic beverages sold by the defendant, and the fact that the criminal punishment against the defendant on the grounds of the same kind of crime is only one time, shall be determined as per the order in consideration of the sentencing conditions set forth in the trial of this case.

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