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(영문) 서울북부지방법원 2014.09.30 2014고정865
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. Any person who intends to run a singing practice room business without registration shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si/Gun/Gu;

Nevertheless, from September 5, 2013 to September 20, 19, 2013, the Defendant run a singing practice room business under the trade name of “E” in a manner of receiving KRW 15,00 won per hour for the production of CDs, without registration, on the first floor of Dongdaemun-gu Seoul, Dongdaemun-gu, with approximately 56 square meters, equipped with six singing rooms, and each guest room with a singing room.

2. Even if a karaoke machine business operator has not sold or supplied alcoholic beverages, or employed or arranged a entertainment loan, he/she may not sell or provide alcoholic beverages, nor may the defendant use or arrange a entertainment loan.

(a) On March 12, 2014, around 02:35, selling two cans which are alcoholic beverages to F customers at the above singing room to F.

B. At the same time and place as referred to in the preceding paragraph, F demanded the receipt of a letter of credit from F, and arranged a loan by allowing a person with no name who has been well-known to enter the above room to enter the room, thereby getting him to know.

Summary of Evidence

1. Court statement of the defendant (the third and fourth court date);

1. A copy of the F Document;

1. Control note;

1. Application of the Acts and subordinate statutes on screen photographs and field photographs by capturing each screen picture;

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry, Articles 18 (1) (a point of a singing practice room business without registration), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a point of a sales of alcoholic beverages), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (a point of a sales of alcoholic beverages), and 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 provides that a provisional payment order shall be issued.

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