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(영문) 서울북부지방법원 2016.05.26 2016고정692
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 hall with the trade name "C" in Seongbuk-gu Seoul Metropolitan Government Ground B.

1. Although a singing practice room business operator is prohibited from selling alcoholic beverages, the Defendant, at around 21:00 on January 18, 2016, sold the cans to customers D and E, which are alcoholic beverages, by receiving 3,000 won per cans.

2. Although a singing practice room business operator was prohibited from employing or arranging a entertainment loan, the Defendant, upon request by D, etc. at the time and place specified in paragraph (1), provided that the Defendant provided a loan to the said customer to provide music and entertainment services with KRW 30,000 per hour upon receiving KRW 30,000 per hour, and provided a loan to the said customer to provide entertainment services and encourage the said customer to provide entertainment services.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of D and E;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2 and 22(1)3 (a) of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), and the selection of fines for negligence;

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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