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(영문) 서울남부지방법원 2017.07.06 2017고정285
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 person who operates a singing practice hall in the Geumcheon-gu Seoul Metropolitan Government B and the second floor.

A singing practice room business operator shall not arrange for employment of entertainment loans, nor sell or provide alcoholic beverages.

Nevertheless, at around 21:00 on December 11, 2016, the Defendant received a demand from the said customer D to get a member of the room 2,000 won per hour, and the Defendant received 30,000 won per hour from the customer D, and provided the customer with the helper, E, who was in company with the customer, provided the customer with the drink and provided the customer with the entertainment by singing, and sold 8 cans, which are alcoholic beverages, to the said customer, for 24,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to a report on dispatch to the scene and a report on internal investigation;

1. Selection of a fine, Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act, Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act, and Article 22 (1) 4 of the same Act, concerning facts constituting an offense;

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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