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(영문) 부산지방법원 2015.08.21 2015고정2578
음악산업진흥에관한법률위반
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with five guest rooms, singing bars, etc. in the area of approximately 142 square meters in the area of approximately 142 square meters on the 1st basement of Busan Geum-gu.

No karaoke machine business operator shall sell or provide alcoholic beverages, or hire or arrange a loan for entertainment.

Nevertheless, at around 01:10 on March 14, 2015, the Defendant: (a) received KRW 60,00 from four customers (D and four other customers); (b) sold the same as alcoholic beverages; (c) provided a cycle of KRW 25,00 per hour to women E and F; and (d) arranged them to provide entertainment services, such as drinking alcohol and singing with the said customers, thereby violating the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. The application of Acts and subordinate statutes, including investigation reports (where the report is sent), field photographs, etc.;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), 34 (2), and 22 (1) 4 (the point of brokerage of adjacent loans), and the selection of fines for a crime;

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. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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