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(영문) 수원지방법원 2013.06.19 2013고단1328
음악산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is operating a singing room on the second floor in Young-gu, Young-gu and Young-gu.

1. On February 26, 2013, the Defendant sold 35 cans(4,00 won per cans(4,000 won per piece) to the instant three other alcoholic beverages, which had been served as a guest at the five singing rooms run by himself/herself, around February 26, 2013, even though a singing practice room business operator violated the Music Industry Promotion Act (resale of alcoholic beverages) did not sell or provide alcoholic beverages.

2. The Defendant violated the Music Industry Promotion Act (consecting loan) at the same time and at the same place as the above 1.1. A request was made from D and one other, a customer, who had been in the instant singing book, to get a female under the name of the singing female, to enter the said room, drink with the said customer, drink with the said customer, and encourage him to provide entertainment, and in return, received 25,000 won per hour from the customer, and arranged the loan by allowing him to do so.

3. Around 05:00 on February 26, 2013, the Defendant: (a) caused the damage of property to regulate the defect that he/she would report the victim D in the instant singing room; (b) thereby, he/she concealed the cell phone amounting to one million won at the market price owned by the victim in a way that the victim escaped, thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Copy of registration certificate of singing practice room business;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act concerning criminal facts; Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act; Article 366 of the Criminal Act

1. Selection of a fine in consideration of all the circumstances, such as the fact that the defendant who was selected of a punishment has been punished for the same kind of crime three times, but confessions and reflects, and agreements with the victim;

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 for the detention of a workhouse;

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

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