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(영문) 전주지방법원 군산지원 2020.05.20 2020고정41
음악산업진흥에관한법률위반
Text

Defendants shall be punished by a fine of one million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is an employee who operates D in Gunsan-si, and Defendant B is an employee of the above singing practice room, and E, F, and G is a contact loan.

1. Defendant A

(a) No karaoke machine business operator who violates the Music Industry Promotion Act shall sell or provide any alcoholic beverage;

Nevertheless, around 22:00 on August 12, 2019, the Defendant received 45,000 won from the said singing practice room from five customers, and sold 3 disease of the said hotel, and received 45,000 won from the two customers and sold 3 disease of the said hotel, thereby violating the obligations of the karaoke business operator.

(b) No karaoke machine business operator who violates the Music Industry Promotion Act shall arrange for a loan for entertainment;

Nevertheless, at around 22:50 on August 12, 2019, the Defendant arranged three contact visitors to provide entertainment to customers by dancing while drinking alcoholic beverages at the request of two customers of the above singing practice room.

2. Defendant B, at the same time and place as referred to in the preceding paragraph, committed the above violation against Defendant B, who is an employee of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer in relation to G, F, and E;

1. Reporting on the detection of and reporting on any suspected violation of the Music Industry Promotion Act (Evidence List 3, 6) and the application of Acts and subordinate statutes;

1. The pertinent provision of the Act on the Promotion of Music Industry and the choice of punishment for the defendant A: Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), 34 (2), and 22 (1) 4 (the point of referral for a loan) of the Music Industry Promotion Act; the defendant B who is selected as a fine for the crime; Articles 35, 34 (3) 2, and 22 (1) 3 (the point of sales of alcoholic beverages); Articles 35, 34 (2), and 22 (1) 4 (the point of referral for a loan) of the Music Industry Promotion Act; Articles 22 (1) 4 (the point of referral for a loan) of the same Act;

1. Aggravation for concurrent crimes;

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