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(영문) 서울북부지방법원 2015.06.12 2015고정1153

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of one 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 room with the trade name of “Cing practice room” on the Dobong-gu Seoul Metropolitan Government and the branch.

1. No karaoke machine business operator shall arrange any employment of a entertainment loan;

Nevertheless, around March 17, 2015, the Defendant: (a) around 21:20 on March 17, 2015, in the instant singing practice room operated by the Defendant, the Defendant: (b) received a demand from two male customers in the name-free statement of the customer; and (c) let D and E enter the said room; (d) let the said customer enter the room; and (e) received 25,000 won per hour from the customer, and arranged for the loan by allowing them to do so.

2. No karaoke machine business operator that provides alcoholic beverages shall sell or provide any alcoholic beverage;

Nevertheless, the Defendant sold to two male customers with the same date, time, place as stated in the above Paragraph (1) above, and in the name of the above singing practice room, one liquor (3,000 won per alcoholic beverage), eight cans (3,000 won per cans) to two male customers with the name of the above singing practice room.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, E, or D;

1. On-site photographs;

1. Application of statutes governing registration certificates for singing practice establishments;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2), 22 (1) 4, 34 (3) 2, and 22 (1) 3 of the Music Industry Promotion Act concerning the selection of punishment (the point of providing good offices for loan), and selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;