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(영문) 대전지방법원 2014.12.10 2014고정587
음악산업진흥에관한법률위반
Text

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

2. If 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 runs a singing practice room in the first floor underground of the Daejeon Middle-gu D Building.

1. On September 17, 2013, the Defendant: (a) received a demand from F, etc., a customer, to give a good will; (b) provided a loan by allowing two females under the name of the contact lender to sit in and singing together; and (c) arranged the loan by allowing two females with music.

2. Around 01:00 on September 18, 2013, the Defendant: (a) received a demand from the said singing practice room from G, etc., a customer; (b) provided a loan by allowing two females in the name of the recipient loan to sit in and singing together; and (c) arranged the loan by allowing two females in the name of the recipient loan to sit in.

Summary of Evidence

1. The Defendant denies the fact of committing a crime, but it is time to spawn between two female Dozers, each of whom is a female Dozers, each of whom is named as I and J, and the origin of the assault case, as it is time to spawn between two female Dozers, each of whom is named as J

A. The Defendant stated that 10,000 won was received from G work, while the Defendant merely stated that 20,000 won and cans are difficult to set up a fee of 100,000 won per hour during the singing room, and that 25,000 won per person and 20,000 won for each cans are included in the service fee of 10,00 won. It accords with the empirical rule to deem that the service fee of 25,00 won per person and 2 person is included in the service fee of 112.

1. Report on detection of a business place;

1. Application of statutes governing enforcement manuals;

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense and 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 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant’s defense counsel’s assertion of defense counsel under Article 186(1) of the Criminal Procedure Act asserts that the indictment of this case is unlawful, since the facts charged in this case are not specified.

(b) however,

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