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(영문) 대전지방법원 홍성지원 2014.03.19 2013고정367
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who operates a “Camnobing practice room” in Boh City B.

Any karaoke machine business operator shall not employ or arrange a entertainment loan for profit, and shall not sell or provide alcoholic beverages within his/her place of business.

1. On July 20, 2013, around 20:57, the Defendant: (a) arrange for a loan to offer two female-friendly women to D and one other, a customer, in the instant singing practice room; (b) received 30,000 won per hour, and provided a singing together to encourage entertainment; and (c) encourage the Defendant to provide entertainment by singing together.

2. At the same time as paragraph (1), a person, other than D, customers, violated the obligations of a karaoke machine business operator by selling ten cans which are alcoholic beverages to 40,000 won.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A written report on the preparation of D and a written petition;

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

1. Relevant legal provisions concerning facts constituting a crime and brokerage of employment and loan: Sales and provision of alcoholic beverages under Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act: Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the violation of the Music Industry Promotion Act, which is heavier than the punishment, shall be added);

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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