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(영문) 수원지방법원 여주지원 2014.10.27 2014고정325

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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 the trade name of "Cnoman Bank" on the first basement level B of each city in each city.

1. On May 1, 2014, the Defendant was issued a business suspension order during the period from May 3, 2014 to May 22, 2014, for a period of “from May 3, 2014 to May 24:00 of the same month” to operate the said singing, and selling alcoholic beverages to customers.

Nevertheless, the Defendant operated the instant singing practice room business on May 22, 2014 during the period of business suspension, around 01:20.

2. Any karaoke machine business operator shall be prohibited from selling alcoholic beverages;

Nevertheless, at around 01:20 on May 22, 2014, the Defendant sold three cans equivalent to KRW 7,500 in total to three customers, including D, at one singing practice room.

Summary of Evidence

1. Defendant's legal statement;

1. Business registration certificate and on-site photographs;

1. Application of Acts and subordinate statutes to a copy of administrative disposition;

1. Article 34 (3) 3, Article 27 (1) of the Act on the Promotion of Music Industry (the fact that an order to suspend business is violated), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act (the fact that an order to suspend business is issued), Article 34 (3) 2, and Article 22 (1) 3 of the same Act concerning criminal facts;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.