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(영문) 인천지방법원 부천지원 2014.11.21 2014고정1236

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with a trade name, "C singing practice room business" in Orcheon-gu B.

Any karaoke machine business operator shall be prohibited from mediating any entertainment loan to customers or selling alcoholic beverages.

Nevertheless, at around 23:00 on August 25, 2014, the Defendant: (a) received KRW 25,000 per hour from the special room of the above business establishment; (b) had D, a term “domination”, drink with customers E and F, drink entertainment; and (c) sold three cans to the above customers in KRW 9,00.

Accordingly, the Defendant violated the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant provisions for facts constituting an offense, Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of providing good offices for employment of adjacent loans), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of sales of alcoholic beverages), 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 (1) 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;