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(영문) 의정부지방법원 고양지원 2013.07.18 2013고정343
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who operates a singing practice room business of “D” at the Goyangdong-gu Busan Metropolitan City C branch of Goyang-si.

Any karaoke machine business operator shall be prohibited from selling or offering alcoholic beverages, or arranging a loan for entertainment.

Nevertheless, at around 00:40 on April 28, 2012, the Defendant: (a) received money from two male customers, such as customers E, from two male customers; (b) sold 1 bottles, 1 cans, and 3 cans (355cc) which are alcoholic beverages; (c) paid 25,000 won per hour to the loaner F; and (d) introduced two players, such as the above E, to encourage them to enjoy entertainment.

Summary of Evidence

1. Legal statement of witness G;

1. Protocol of the prosecutorial statement concerning G;

1. Application of statutes on field photographs;

1. Selection of fines for negligence under Articles 34 (2), 22 (1) 4, 34 (3) 2 and 22 (1) 3 of the relevant Act on the Promotion of Music Industry (the point of providing brokerage services for adjacent loans), and selection of fines for negligence under Article 22 (1) 3;

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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