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(영문) 수원지방법원 2018.02.08 2017고정3417
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 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 “C Singing Practice” in Suwon-si B.

1. No singing practice room business operator shall arrange an employment for a loan;

Nevertheless, at around 00:10 on October 25, 2017, the Defendant received a demand from D and one other, who is a customer, in the instant singing practice place, and arranged a contact loan to allow E and F, who is a member of the instant customer D, to drink together with the said customer D and to provide entertainment to the customer by singing and dancing.

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

Nevertheless, at around 00:10 on October 25, 2017, the Defendant received 16,000 won from two customers, such as D, and sold four cans which are alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect interrogation of E or F;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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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