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(영문) 대전지방법원 홍성지원 2013.05.13 2013고정127

음악산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of a C Kinging practice room in Bosa City B.

1. Although a singing practice room business operator is prohibited from selling or offering alcoholic beverages, the Defendant received KRW 25,000 from the said singing practice room room around October 27, 2012 to the customers D at around 00:10 on October 27, 2012.

2. The Defendant violated the code of practice of a singing practiceman by arranging a contact loan by providing a service by providing the service provider with KRW 25,00 per hour to the service provider E at the same time and place as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of each police statement regarding D;

1. A copy of the control report on public morals business;

1. Application of statutes governing a copy of a certificate of registration;

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry and the Selection of Punishment for Crimes and Article 22 (1) 3 of the Act on the Promotion of Music Industry and Article 34 (2) and Article 22 (1) 4 of the Music Industry Act (the point of arranging adjacent loans and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment prescribed for a violation of the Music Industry Promotion Act with heavy concurrent crimes)

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;