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(영문) 서울중앙지방법원 2015.06.25 2015고정2026
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The defendant is a person who operates a 'C singing practice room' on the first floor of a building located in Gangdong-gu Seoul Metropolitan Government.

No karaoke machine business operator shall sell or provide alcoholic beverages to customers, or arrange for employment of a entertainment business operator.

Nevertheless, around March 27, 2015, the Defendant sold one can can cans to five customers, such as D, in a singing practice room operated by the Defendant, for 3,500 won, and received a request for delivery from the above customers, and received 20,000 won per capita per hour and received 20,000 won from the above customers, thereby violating the rules of practice of the singing practice room business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (a) and 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act concerning facts constituting an offense, 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;

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

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