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(영문) 인천지방법원 2016.11.24 2015고정3342
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing room with the trade name “D” in Incheon Southern-gu C.

No karaoke machine business operator shall sell or provide alcoholic beverages at his/her place of business, or employ or arrange a loan for entertainment.

1. Around 00:00 on June 9, 2015, the Defendant: (a) requested three male descendants, such as E, from three male descendants; (b) provided a telephone call to the Domins F and the Domins name omitted; and (c) provided a loan to the Domins who arrive in the said singing practice room at a intervals of 30,000 won per hour; and (d) provided a counseling with male grandchildren or drinking alcohol, etc. to encourage them to provide entertainment.

2. The Defendant provided 15 cans for beer and alcoholic beverages with a total of KRW 380,000 for beer, 4 disease, etc. upon receipt of a demand from three male grandchildren in the same time and place as set forth in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E and F;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on communication confirmation data;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of alcoholic beverage sales) of the same Act, and the selection 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 (1) 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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