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(영문) 부산지방법원 2013.11.12 2013고정4417

음악산업진흥에관한법률위반

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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who operates a “Cking practice room” in Busan B.

1. On February 2, 2013, the Defendant: (a) around 23:40 on February 2, 2013, provided that the Defendant would pay 25,000 won per hour to D (inn, 43 years of age) for a entertainment loan; (b) provided an arrangement for a entertainment loan to four male descendants, including E, by introducing them to four persons to dance and singing, thereby violating the obligation of a karaoke machine business operator.

2. No karaoke machine business operator shall sell alcoholic beverages;

Nevertheless, the Defendant sold to four customers, such as E, at the same time and place as Paragraph 1, 18 diseases and two diseases of cattle, thereby violating the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D, F, G, and H;

1. Notification of regulations on violations of public morals business places, detection of and report on business places violating public morals business places, and application of Acts and subordinate statutes to investigation report;

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. 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;