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(영문) 서울중앙지방법원 2018.06.29 2018고정1045
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a music practice room operator who operates a singing room with the trade name “D” on the first floor in Seoul Special Metropolitan City, Gwanak-gu, Seoul.

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

Nevertheless, on November 5, 2017, the Defendant violated the rules of practice of a singing practice hall operator by arranging a contact loan by allowing a male guest G who is a male guest in the above singing practice hall and H to 35,000 won per hour at the above singing practice place (one singing practice place).

2. No licensee of alcoholic beverage sales singing practice room shall sell or provide alcoholic beverages;

Nevertheless, the Defendant violated the obligations of singing practice providers by providing the cans (a can cans 500ml) to G and H, which are customers, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (2), 22 (1) 4 (the occupation of arranging a loan and of fine) concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 (the occupation of alcoholic beverage sales and the choice of fine) of the Music Industry Promotion Act;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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