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(영문) 대구지방법원 2016.12.08 2016고단4716
음악산업진흥에관한법률위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A is a karaoke machine business operator who operates a singing practice room with the trade name of “Ding practice room” on the first floor of Daegu Northern District C, Daegu Northern District.

Despite the fact that a karaoke machine business operator is prohibited from selling or offering alcoholic beverages, the Defendant violated the obligations of a karaoke machine business operator by selling or providing the following: (a) around September 21, 2016:00 a.m. to the E and four other customers, including, but not limited to, a total of KRW 60,000,000; and (b) a total of KRW 60,000,000 to the E and four other customers.

B. Despite the fact that a karaoke machine business operator was not allowed to arrange for a entertainment loan, the Defendant arranged a entertainment loan by receiving a request from the said customer at the time, place, and place indicated in the foregoing paragraph (a) and allowing the said customer to drink and singing together with the said customer.

2. Defendant B is a person who provides H job placement services in Daegu North-gu G.

In spite of the fact that anyone does not drink with any other person in a singing practice room or act of arranging a customer to provide entertainment by singing or dancing with any other person for profit, the defendant, at the date stated in the above paragraph (1) above, introduced two other persons to the said singing practice room on the condition that he receives 8,000 won per person who arranged to provide entertainment loans from A as described in the above paragraph 1-B at the H job placement office, as described in the above paragraph 1-B, and arranged to provide entertainment services for profit.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of F, E, or I;

1. A report on the control of amusement businesses;

1. Application of statutes on site photographs and business registration certificates;

1. Article 34(2) and Article 22(1)4 (a) of the Music Industry Promotion Act, Article 34(3)2 and Article 22(1)3 (a) of the Music Industry Promotion Act, and Article 22(1)3 (a) of the same Act.

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