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(영문) 대전지방법원 2014.05.28 2014고정679

음악산업진흥에관한법률위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with a trade name called a singing room in Seo-gu and Seo-gu, Daejeon.

1. At around 01:00 on December 18, 2013, the Defendant sold to 50,000,000 customers D and one 40,000,00 won per customers, at the heading room of the above business establishment.

2. The Defendant received a demand from the above D to give a letter of credit at the same time, at the same time and place as the above 1. Paragraph (1) of this Article, and arranged a credit loan by having “E” on a part-time basis to receive KRW 30,000 per hour and to drink with the above D, and to have it drink with music.

Summary of Evidence

1. Defendant's legal statement;

1. A reporter's petition;

1. Written statements of D;

1. Shooting CDs at the time of violation of the reporter’s presentation site;

1. Application of Acts and subordinate statutes to the copies of certificates of registration;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (a) and 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act concerning facts constituting an offense, the choice of fines for negligence, and the selection of fines for negligence;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with punishment determined for a violation of the Music Industry Promotion Act due to an arrangement of heavier concurrent loans);

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.