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(영문) 서울북부지방법원 2013.05.27 2013고정1331
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, at around 22:00 on March 9, 2013, the Defendant sold three cans which are alcoholic beverages to D and two other alcoholic beverages in the “C” singing practice room operated by himself in Jung-gu Seoul, Jung-gu, Seoul.

2. No karaoke machine business operator shall arrange any employment of a entertainment loan;

Nevertheless, the Defendant received the demand from the above date, at the above place, and the above D et al., and arranged for a loan by having the E and F, which had been Dominated, enter the above five places, let the above customers take a part in the trial, and then receiving KRW 25,000 from the above customers and giving them to the Domin.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including the record in E statement);

1. Police suspect interrogation protocol regarding F;

1. Written statements of D;

1. Control note;

1. Application of statutes governing registration certificates of karaoke machine business;

1. Relevant legal provisions concerning facts constituting an offense, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), and the choice of fines;

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

1. Articles 70 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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