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(영문) 대전지방법원 천안지원 2014.05.29 2013고정1254

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a holder of a DNA singing practice room business with the second floor in Seoan-gu, Seoan-gu, Seoan-gu.

Any karaoke machine shall not sell or provide alcoholic beverages, and shall not arrange any person to drink alcoholic beverages with customers, singing or dance with a profit-making purpose.

Nevertheless, around 20:56 August 19, 2013, the Defendant received KRW 130,000,00 for the following reasons: (a) around 20:00 for the following reasons: (b) on August 19, 2013, the Defendant provided one person, other than E, who has been a customer to the said singing practice room, with an alcoholic beverage, 7 cans, day-to-day handling, etc.; and (c) as for the purpose of profit-making, the E, who has been a customer, changed to a customer, and as for the purpose of soliciting customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, and part of witness F’s legal statement;

1. A copy of the E statement (written petition) or a copy of the written statement;

1. A distribution-related business register or a karaoke machine business registration certificate;

1. Application of a receipt copy, a video CD-related statute;

1. Article 34 (3) 2, Article 22 (1) 3, Article 34 (2), and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense, and Articles 34 (1) 4 of the same Act concerning 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;