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(영문) 서울중앙지방법원 2015.11.25 2014고정4004
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 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 a singing practice room under the trade name of “Dnoman Bank” on the first floor of Gangnam-gu Seoul Metropolitan Government C.

In spite of the fact that a singing practice room business operator was prohibited from employing and mediating a entertainment loan, the Defendant introduced, on July 7, 2014, F a entertainment loan, under the condition that he/she would pay KRW 30,000 per hour upon receiving a demand from five male grandchildren, etc., who found their place in the above singing practice room specialty No. 2, such as N., E, etc., he/she provided an entertainment loan by allowing a female to drink with the said guest, to provide entertainment with his/her own entertainment through singing or dancing.

Summary of Evidence

1. Each legal statement of witness E and G;

1. A statement made by the witness F that he/she went to go to the date, time, and place as indicated in his/her decision, among the witness F’s legal statement, and that the Defendant got to go to the room of his/her customers;

1. Application of statutes governing registration certificates for singing practice establishments;

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the charge of violating the Music Industry Promotion Act due to the sale of alcoholic beverages among the facts charged in the instant case under Article 334(1) of the Criminal Procedure Act is that the Defendant sold 6 cans cans and canss and canss, which are alcoholic beverages to 5 persons, including E, at the time and time stated in the judgment as a singing practice room business operator.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, it is difficult to readily conclude that the relevant beer was not an alcoholic beverage with no alcohol content solely based on the evidence submitted by the prosecution, and there is no other evidence to prove this part of the facts charged.

(1) E, which is a customer, has been entered into the cans at the time, and is not well memoryed and drinked.

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