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(영문) 대전지방법원 천안지원 2019.09.24 2019고정352
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a singing practice room business operator who runs a singing practice room from the Seo-gu B and the third floor of Seoan-gu, Seoan-gu.

1. No karaoke machine business operator shall employ any entertainment loan or arrange such loan;

Nevertheless, around July 26, 2018, the Defendant: (a) around 21:20 on July 26, 2018; (b) around 21:20, the Defendant offered a entertainment loan to 30,000 won per defecting loan; and (c) arranged E and F, a entertainment loan to 1 hour per defecting loan.

2. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, the defendant sold 12 cans cans and 12 cans and 78,000 cans to two customers, at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Each statement of the F;

1. Application of a certificate of registration of a karaoke machine business and statutes governing field photographs;

1. Relevant provisions of the relevant Act on criminal facts, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan assistance), Article 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act, 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. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has the same criminal records.

The circumstances after the crime are not good in that the defendant actively denied the fact that the investigative agency provided a loan to the person who made a false statement while allowing the person who made a false statement.

However, the defendant recognized his mistake in this court, and seems to be not good in economic circumstances.

In addition, the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime are considered as a whole.

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