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(영문) 의정부지방법원 2015.07.06 2015고정443

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a business owner who operates a singing practice room with the trade name of "Cing practice room" on the first floor of a building located in Gyeonggi-do Nam-si, Namyang-si.

1. Any karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage;

Nevertheless, on September 01, 2014, the Defendant sold 6 cans cans and beers to 20,000 won a total of 20,000 won in the above singing practice room around 21:37.

2. The karaoke machine business operator shall not offer an employment arrangement for a entertainment loan; and

Nevertheless, the Defendant received a demand from the above D's daily, at the same time, at the same place as the above Paragraph 1, and arranged for a loan by allowing the above customer to enter the room and let the above customer take a part in the room, and then receiving KRW 25,000 per hour from the customer and providing the helper with it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 34 (3) 2 of the relevant Act concerning facts constituting an offense, and Articles 22 (1) 3 and 22 (1) 4 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the selection of fines), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of arranging a loan, 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 (1) 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;