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(영문) 수원지방법원 안산지원 2013.06.12 2013고정656
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who operates a singing practice room with the trade name of sing room at the time of the game.

No karaoke machine business operator shall sell or provide alcoholic beverages in a singing practice room, or employ or arrange any entertainment service (no matter whether or not any male or female).

Nevertheless, the Defendant:

A. On December 26, 2012, around 21:30 on December 26, 2012, two persons, including C (37 years of age, remaining) who are customers, such as the instant singing practice room, violate the rules to be observed by business operators by selling 8 cans per cans to 3,00 won per cans to 24,00 won, respectively;

B. On the above date, at the above place, the said customer C et al. demanded to receive a loan for entertainment (doese 51), and the said customer C et al. received 25,000 won per hour from the said customer and arranged entertainment activities for profit by drinking alcohol and singing together with the said customer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the police statement of C Preparation 1, D, E, and F;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Act on the Promotion of Music Industry (the point of arranging adjacent loans), Articles 34 (3) 2 and 22 (1) 3 (the point of selling alcoholic beverages) of the Music Industry Promotion Act, and the selection of fines;

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

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

4. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the same power as the defendant, and other circumstances, means, etc. of the instant crime, it cannot be deemed that the fine specified in the summary order is heavier than that of the fine, and thus, the sentence shall be

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