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(영문) 청주지방법원 충주지원 2013.06.05 2012고정358

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with a trade name called "cing practice room at the time of loyalty."

Any karaoke machine business operator shall not sell or provide any alcoholic beverage, nor shall he/she employ or arrange a entertainment loan, or provide any entertainment service.

1. On April 19, 2012, around 01:25, the Defendant provided customers D, etc. who had access to the said C Kinginging 3 room run by himself/herself, with a beer’s disease equivalent to KRW 10,00 in plastic water.

2. On April 21, 2012, around 23:50, the Defendant: (a) sold to customers E, etc. who have access to the said place at the said C K-type shop operated by himself/herself; (b) provided a loan by allowing them to drink with customers, or to provide entertainment services by singing or dancing, on condition that 30,000 won per hour is paid to two persons who have access to the said place; and (c) provided a loan by allowing them to drink with customers, or to provide entertainment services by singing or dancing.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Legal statement of witness E;

1. Report on the occurrence of each case;

1. All on-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act concerning facts constituting an offense and Article 22 (1) 4 of the same Act (the point of providing alcoholic beverages for sale and provision, selection of fines) of the same Act, and Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of arranging adjacent loans 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. 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;