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(영문) 서울중앙지방법원 2014.09.18 2014고정3593
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Cing practice room” on the Dongjak-gu Seoul Metropolitan Government B and underground floors.

1. No karaoke machine business operator shall employ any entertainment loan or arrange such loan;

Nevertheless, at around 00:30 on April 18, 2014, the Defendant introduced and arranged a entertainment loan by allowing a female to drink with the said customer or provide entertainment services with music or dance on the condition that he/she would pay KRW 30,000 per hour upon receiving the demand of the customer D to give a license to the said customer.

2. No karaoke machine business operator shall sell or provide alcoholic beverages to customers;

Nevertheless, the Defendant:

(a) Shall, at the date and time, at the place mentioned in paragraph 1, be sold to the said customer D in 4,000 won by transferring a small liquor, which is an alcoholic beverage, to plastic life;

B. On June 9, 2014, around 21:40, at the above singing practice room, two cans and two cans were sold to 6,000 won to 2 customers with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant or F;

1. G certification;

1. An explanatory note for each control;

1. Copy of registration certificate of singing practice room;

1. Application of statutes on site photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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