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(영문) 서울북부지방법원 2013.07.15 2013고정1669

음악산업진흥에관한법률위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with a trade name called “Cking practice room” in Nowon-gu, Seoul.

No karaoke machine business operator shall sell or provide alcoholic beverages to customers, or arrange for employment of a entertainment business operator.

Nevertheless, at around 20:30 on May 7, 2013, the Defendant: (a) sold 4 cans which are alcoholic beverages to 2 male grandchildren in the “C Kinginging practice room” to 3,00 won per alcoholic beverage; (b) had two persons, such as D, who continued to receive a demand from the above customers to do so, and (c) received 25,000 won from the said customers, and arranged for a loan by allowing two persons, such as D, who continued to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Control note;

1. Application of statutes on site photographs;

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