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(영문) 수원지방법원 여주지원 2013.10.07 2013고정268

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Judgment of the court below]

1. On March 18, 2013, the Defendant: (a) around 22:14, 2013, at the “D” singing practice room operated by the Defendant in Ischeon-si C, the Defendant: (b) received three cans, which are alcoholic beverages, from customers E; (c) sold three cans, which are alcoholic beverages; and (d) assisted customers by acting as an intermediary for help, and (e) assisted customers by acting as an intermediary for help, and receiving KRW 25,000 per hour; and (e) assisted customers to engage in entertainment on condition that they receive KRW 25,00 per hour.

[Judgment of the court below]

2. Any person who intends to run a singing practice room business shall have facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism registered with the head of the competent authority.

Nevertheless, around 22:00 on May 23, 2013, the Defendant, without registering a singing practice room business, installed a video reflecter and sound apparatus, etc. to put up a signboard with the trade name of 'D', so that 'D' can put up a singing in line with the opposite musical instruments within the business establishment, and had two male customers in the name of the name of the defendant who found the place, provide 8 cans, beer, and singing and singing together, etc., and have them run a singing practice room business without registration.

Summary of Evidence

[Judgment of the court below]

1. The defendant's legal statement (the third trial date);

1. A protocol concerning the police investigation of suspect with regard to F;

1. A written statement concerning E;

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1. Defendant's legal statement;

1. Report on detection of violation of the Music Industry Promotion Act;

1. Notification of results of each administrative disposition;

1. On-site photographs;

1. Application of business registration certificate, photographic Acts and subordinate statutes;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), 34 (2), 22 (1) 4 (the point of an adjacent loan arrangement), 34 (3) 1, and 18 (1) of the same Act concerning facts constituting an offense, and Articles 34 (3) 1, and 18 (1) of the same Act, and the choice of fines;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.