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(영문) 대전지방법원 홍성지원 2013.03.20 2013고정107
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Cking practice room” in Boak-si B, and a singing practice room business operator is prohibited from employing or arranging a contact loan for profit-making purposes and from selling alcoholic beverages, even if he or she does not provide alcoholic beverages;

1. On January 12, 2013, around 21:10, as regards the above singing practice room, arrange to offer entertainment services by singing together with the amount of KRW 30,000 per hour to E ( South and 52 years old) of female-in-fact female-in-facted female-in-name D) in the said singing practice room;

2. The same date, time, and place as mentioned in the above paragraph (1) violates the obligations of a karaoke machine operator by selling alcoholic beverages of an amount equivalent to 1.5 litresponding to 15,00 won at the market price of 1.5 litresponding to the said karaoke machine (ma, 52 years old).

Summary of Evidence

1. Defendant's legal statement;

1. A reporter's written statement;

1. Application of statutes governing registration certificates for singing practice establishments;

1. Relevant provisions of relevant Acts concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the occupation of referral service and election of fines), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the occupation of alcoholic beverage sales and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment prescribed for a violation of the Music Industry Promotion Act with heavy concurrent crimes)

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;

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