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(영문) 대전지방법원 천안지원 2015.10.02 2015고정584

음악산업진흥에관한법률위반

Text

Defendant

A A shall be punished by a fine of 300,000 won, and a fine of 1,00,000 won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who works as an employee in a singing practice room with a “F” trade name located in Boan-si E, and Defendant B is a person who registers (G) and actually operates the said singing practice room.

Defendant

A1) Violation of the Music Industry Promotion Act - No entertainment practice room business operator may sell or provide alcoholic beverages within his/her place of business. Nevertheless, around January 7, 2015, the Defendant violated the obligations of a karaoke machine business operator by selling 5 cans (4,000 won per cans) to the male visiting from the “F located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon to be customers for total of 40,000 won, including a kitchen, to the male visiting the customers. 2) Violation of the Music Industry Promotion Act - King practice room business operator who acts as a broker for the purpose of profit-making, shall not arrange a guest to drink with customers, to drink or dance with customers.

Nevertheless, the Defendant received a demand from a man who visited “F” as stated in the foregoing paragraph 1, and arranged a female-unborn woman-friendly woman to receive 25,000 won per hour, thereby violating the code of practice of a karaoke machine business operator.

B. Defendant B had Defendant A commit an act of violation as referred to in the preceding paragraph with respect to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on internal investigation (verification of the contents recorded in the CD submitted);

1. Application of Acts and subordinate statutes to a registration statement and distribution-related business;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 35, 34(2), and 22(1)4 (a) of the Music Industry Promotion Act; Articles 35, 34(3)2, and 22(1)3 (a) of the Music Industry Promotion Act; the selection of fines for negligence;

B. Defendant B: A loan under Articles 35, 34(2), and 22(1)4 of the Music Industry Promotion Act.