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(영문) 수원지방법원성남지원 2020.12.22 2020고정727
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a business proprietor who operates a singing practice room with the trade name of “C” on the second floor of the building B in Seongbuk-gu, Sungnam-gu.

1. Any karaoke machine business operator who has violated the Music Industry Promotion Act shall be prohibited from selling or providing any alcoholic beverage;

(1) On February 14, 2020, the Defendant: (a) around 22:00 on February 14, 2020, at the above singing practice room “VIP room”, sold 5 cans of cans, which are alcoholic beverages containing alcohol to customers under the name of the Defendant, by receiving 4,000 won at one cans.

(2) The Defendant, at the above time and place “special room”, sold 3 cans of cans, which are alcoholic beverages containing alcohol to customers under the name of customers. The Defendant received 4,00 won per cans and sold 4,00 won.

(3) The Defendant, at the above time and place “2 rooms”, received and sold 8 cans, which are alcoholic beverages that contain alcohol to customers. On February, 200, a karaoke machine business operator violating the Music Industry Promotion Act is prohibited from employing or mediating a entertainment loan. (1) The Defendant arranged a entertainment loan by having a customer provide entertainment services by drinking alcohol with D, E, which is called “VIP room” in the “VIP room” in the date and place, such as the above 1. In addition, the Defendant provided entertainment services to customers while drinking alcohol, and arranged to provide entertainment services to customers. (2) The Defendant provided entertainment services by having a customer provide entertainment services by drinking alcohol with the “2 house” in the time and place, as mentioned in the above 1.

Summary of Evidence

1. Application of the defendant's legal statement G, statement of police interrogation of the defendant against D, E, or F, copy of a certificate of registration of singing practice room, and application of field photographs statutes;

1. A fine under Article 34 (3) 2, Article 22 (1) 3 (the point of sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 (the point of brokerage of loan) of the Music Industry Promotion Act concerning facts constituting an offense; the selection of a fine under Article 22 (1) 2, Article 22 (3) 3 (the point of brokerage of loan);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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