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(영문) 부산지방법원 2013.11.13 2013고정4578
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator who operates a “Cking practice room” located in Seo-gu Busan.

1. Any karaoke machine business operator shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, around April 7, 2013, the Defendant sold 6 bottles (3,000 won per disease) equivalent to the market price of 18,000 won to 18,000 won to 3,000 customers and 2 other than customers at the 5 room of the above “C Kinging practice room” on April 7, 2013, and violated the obligations of the King practice room business operator.

2. He/she shall not employ or arrange a loan for a karaoke machine.

Nevertheless, the Defendant violated the obligations of a karaoke machine business operator by providing three persons, such as entertainment loan E (n, age 49) at a temporary location, and introducing three male grandchildren whose names are unknown by introducing them to three persons, who are unable to know, to dance and singing, etc. at the same time and at the same time as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Each statement of E and F preparation;

1. Application of Acts and subordinate statutes on control field photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of alcoholic beverage sales) of the same Act, 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 for the detention of a workhouse;

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

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