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(영문) 의정부지방법원 2013.10.16 2013고정2169

음악산업진흥에관한법률위반

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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who operates a singing practice room business with the trade name called C from the fourth floor of the building B at the time of the Gyeonggi Government.

Any person who intends to run a singing practice room business shall register his/her business with a competent authority.

Nevertheless, at around 00:20 on June 21, 2013, the Defendant, without registering, equipped with the facilities for singing practice room, such as the guest room and the singing room, and operated singing practice room business by getting 30,000 won per hour from D and two other customers, and singing to the singing room.

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

Nevertheless, the Defendant sold three cans to two customers, including D, at the time and place of Paragraph 1.

3. No karaoke machine business operator shall employ nor arrange a entertainment loan;

Nevertheless, at the time and place of Paragraph 1, the Defendant received a demand from D, etc. to make a customer loan, and let three female customers, such as E, enter the room of the above customer, and let the above customer take a part in the room, and received 25,000 won per hour from the customer and arranged the loan by allowing the female to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, and G;

1. Each written statement of D, H and I;

1. Internal photographs on the spot;

1. Application of statutes on business registration certificates;

1. Article 34 (3) 1, Article 18 (1), Article 34 (3) 2, Article 22 (1) 3, Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act concerning criminal facts and the selection of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.