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(영문) 인천지방법원 부천지원 2013.04.12 2013고정97

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has operated a singing practice room in Kimpo-si B.

Any karaoke machine business operator shall not employ or arrange a entertainment loan, and shall not sell or provide any alcoholic beverage.

Nevertheless, at around 21:00 on July 1, 2012, the Defendant: (a) sold three cans to customers C in the instant singing practice room; (b) ordered customers to obtain KRW 20,000 per hour and to provide a dance with the said C; and (c) arranged for a loan by having the customers, who are not aware of their names, receive KRW 20,00 per hour.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions concerning facts constituting an offense, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale 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 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;