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(영문) 서울남부지방법원 2012.11.26 2012고정3864

음악산업진흥에관한법률위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room in Geumcheon-gu Seoul Metropolitan Government with a trade name.

Every karaoke machine business operator shall not employ or arrange a entertainment loan, or sell or provide alcoholic beverages.

Nevertheless, at around 23:37 on July 20, 2012, the Defendant: (a) received a demand from the said singing room from D, a customer; (b) provided an entertainment loan to E, which was 25,000 won per hour; and (c) provided a singing with customers; and (d) sold three cans and cans to the said customers to 9,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Written declarations and statements of D;

1. Application of statutes on business registration certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Act on the Promotion of Music Industry (the point of arranging adjacent loans), Articles 34 (3) 2 and 22 (1) 3 (the point of selling alcoholic beverages) of the Music Industry Promotion Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) (one day: 50,000 won) of the Criminal Act;

1. Article 59 (1) of the Criminal Act (the stay of sentence: Fine of 1.5 million won, the defendant is the first offender and the defendant is the second offender, and the fact that there is a face of D which is specialized in reporting for rewards at the time of the instant case, etc.);