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(영문) 대전지방법원 홍성지원 2014.01.22 2013고정279
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The defendant shall not sell nor provide alcoholic beverages to a person who operates a singing practice room in Dang-gun Hong-gun, Chungcheongnam-gun, Hongsung-gun, and who is running a singing practice room in his/her establishment;

Nevertheless, at around 22:40 on April 25, 2013, the Defendant sold and supplied 2 male grandchildren E, etc. to 2 persons, including male grandchildren, in a physical bottle, and violated the obligations of the karaoke machine business operator.

2. A person who runs a singing practice room as described in paragraph (1), and a singing practice room business operator shall not sell or provide alcoholic beverages, or offer an employment arrangement for a loan for entertainment.

A. On June 27, 2013, from around 20:43 to 21:58, the Defendant violated the obligation of the business operator by selling a 6 cans cans (4.5%) which is a liquor to a male son in front of the instant singing practice room to F, and selling a 6 cans (4.5%) to him/her in one cans (3,00 won per 3,00 won).

B. At the same time and place as referred to in the above paragraph (a) of the same Article, the Defendant arranged a contact loan to encourage the entertainment of the guest by using the name of “F,” a man under the name of “G,” a man, who is a son, who is a son, to a son F.

Summary of Evidence

[2013 High Court Decision 279]

1. Defendant's legal statement;

1. Each statement;

1. A copy of registration certificate of singing practice room business;

1. The photographic site [2014 high-scale 4]

1. Defendant's legal statement;

1. A written statement;

1. Movies CDs in tort;

1. Submission of reference materials;

1. Application of the Acts and subordinate statutes to photograph dynamics images of a Domino bank;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act concerning facts constituting an offense and Article 22 (1) 4 of the same Act (the point of each provision of alcoholic beverages, the choice of fines) of the same Act, and Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of good offices for adjacent loans and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment prescribed for a violation of the Music Industry Promotion Act with heavy concurrent crimes)

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.

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