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(영문) 대전지방법원 천안지원 2018.09.06 2018고정515
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three 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 an “Esing practice hall” on the building in Southern-gu, South-gu, and the third floor.

1. No person engaged in singing practice room business shall employ any entertainment loan or arrange any other person to do so;

Nevertheless, at around 19:40 on January 19, 2018, the Defendant: (a) requested from the F and one other member of the F and one member of the Defendant to provide entertainment services; (b) provided two female entertainment loans, whose names are unknown, with the said customer’s drinking and singing together with the said customer at KRW 25,000 per hour.

2. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, the Defendant sold five cans to one other than the F, which had been customers, at the same time and place as the preceding paragraph, and at 20,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Application of F’s report Acts and subordinate statutes;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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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