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(영문) 의정부지방법원 2013.05.09 2013고정1073

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

Criminal facts

The defendant is a person who operates a singing practice room with the trade name of medical city B.

1. Any karaoke machine business operator who sells alcoholic beverages shall not sell or provide any alcoholic beverage;

Nevertheless, at around 01:50 on January 14, 2013, the Defendant sold to two customers, such as C, etc. 12,00 won in the instant singing practice room.

2. No karaoke machine business operator shall employ or arrange a vaccination loan;

Nevertheless, the Defendant received a demand from customers C, etc. at the date, time, place, etc. mentioned in the preceding paragraph, and entered the above No. 4 room, let Does-S. D and E enter the above 4 room, let the said customer take the view, and arrange for a loan by receiving KRW 20,000 from the said customer and providing the helper with the helper.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of police interrogation of some police officers against D and E;

1. A written statement of C and F;

1. Investigation report (general), control report on amusement business affecting the public morals, and registration certificate of singing practice room business;

1. A written appraisal;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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), Articles 34 (2) and 22 (1) 4 (the point of brokerage of adjacent loans) of the Music Industry Promotion Act, and selection of fines for negligence;

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 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;