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(영문) 울산지방법원 2018.10.05 2018고단1475
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of 500,000 won.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. No defendant A may sell or provide alcoholic beverages, or employ or arrange a loan for entertainment;

Nevertheless, the Defendant, on April 28, 2018, sold alcoholic beverages equivalent to the sum of KRW 40,000,000, including C and B, from “Esing practice place” operated by the Defendant on D2, Ulsan-gu, Ulsan-gu, U.S., to two customers, F, etc., and the sum of approximately KRW 40,00,00, such as C and B, for each hour, with two persons, including the above F, etc., and the Defendant violated the obligation of a singing practice implementer by having C and B attend a singing and drink with two persons, including the above F, etc.

2. No person who accused C shall drink alcoholic beverages with customers in a singing practice place, or provide entertainment to customers by singing or dancing for profit;

Nevertheless, around April 28, 2018, the Defendant received KRW 25,000 per hour from a singing practice room in the said “Esing practice room” of 101, and provided visitors with entertainment services.

3. No person who Defendant B shall drink alcoholic beverages with customers in a singing practice place, or provide entertainment to customers by singing or dancing for the purpose of making profits;

Nevertheless, the defendant, at the same time, at the same place as the above paragraph 2, received KRW 25,00 per hour from the singing room business owner, and provided visitors with the above services.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on occurrence (Evidence Nos. 3) and application of field photographs-related statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 34(2) and 22(1)4 of the Music Industry Promotion Act (a) and Articles 34(2) and 22(1)2 and 34(3)2 and 22(1)3 of the Music Industry Promotion Act (a)

B. Defendant B and C: Articles 34(4) and 22 of the Music Industry Promotion Act.

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