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(영문) 서울중앙지방법원 2014.07.17 2013고정3665

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 a singing practice room in Seocho-gu Seoul Metropolitan Government with the trade name of Ding practice room.

1. No karaoke machine business operator who sells alcoholic beverages shall provide or sell any alcoholic beverage;

Nevertheless, at around 03:00 on May 9, 2013, the Defendant sold 2 bottles, cans, 30 cans, and alcoholic beverages to four customers E, etc. in the total amount of KRW 1,010,000.

2. No karaoke machine business operator shall employ nor arrange a vaccination loan;

Nevertheless, the Defendant, at the same date, at the same place as the 1st day and time, requested the above E, etc. to leave the above room and let four women in bad name, who were well-known, enter the room and let the above customers take a part in the room, and arranged for a loan by allowing the above customers to take 35,000 won per hour from the customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E in part;

1. Statement to E by the police;

1. Each written statement of G, F, H and E;

1. Application of statutes on sales slips, registration certificates of singing practice rooms, and control photographic data;

1. Relevant Article on criminal facts, Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages by a karaoke machine business operator), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of arranging a contact loan by a karaoke machine business operator), and the choice of fines;

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

1. The Defendant and the defense counsel on the argument of the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act concerning the crime of Article 2 of the judgment, asserts that the Defendant and the defense counsel do not arrange a contact loan with the other female customers, such as E, by arranging a contact with the other female customers.

The following circumstances, i.e., witness F and E, recognized by the comprehensive review of each of the above evidence, are the defendants in this Court.