음악산업진흥에관한법률위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant is a karaoke machine business operator who operates a “Cinging machine” in Kujin-gu Seoul Metropolitan Government B.
No karaoke machine business operator shall sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.
[2013 Highest 1757] On February 23, 2013, from around 21:00 to around 02:00 of the same month, the Defendant provided three diseases to D having been a customer, and introduced one female contact loan on his/her name to D upon D’s request to allow the customer to engage in entertainment by drinking alcohol and singing together.
[2013 Highest 1818] From around 00:20 on June 1, 2013 to 01:20 on the same day, the Defendant sold 2 diseases to E, a customer, in the instant singing practice room, from around 00:20 to around 01:20, the Defendant arranged for entertainment by having F talk with E, dance, and encourage entertainment.
[2013 Highest 1886] On July 13, 2013, the Defendant sold 1.6 liters and gents, etc. with an aggregate of 15,000 won in the market price to customers G, etc. at the above singing practice room No. 4 around July 13, 2013.
As a result, the Defendant sold alcoholic beverages in violation of the code of practice for singing practice room business.
Summary of Evidence
1. Statement by the defendant in court;
1. The police suspect interrogation protocol of H;
1. Each prosecutor's protocol of statement concerning D and I;
1. E statements;
1. Request for admission to a violation of the Music Industry Promotion Act, each notification of control, each control report, each investigation report, and evidential materials attached thereto;
1. Application of Acts and subordinate statutes to each control site photograph;
1. Article 34 (2), Article 22 (1) 4, Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense (the prohibition of the provision of alcoholic beverages by karaoke machine business operators and provision of entertainment loans, and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The defendant under Article 62 (1) of the Criminal Act is subject to suspended execution;