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(영문) 서울동부지방법원 2013.06.19 2013고정712
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a karaoke machine business operator who operates a singing practice room with the trade name “D” from Seoul Songpa-gu C and the second floor.

Any person who intends to operate a singing practice room business shall register his/her business with a competent authority.

Nevertheless, the Defendant did not register with the competent authority, and operated a singing practice room business without registration from September 7, 2012 to November 19, 2012, by having each of the five rooms operated by the Defendant, with video, rebuttals, and sound facilities, receiving KRW 25,000 per hour from E and one other, who is a customer, and using “production 1 room”, and having four customers under his/her name, receive KRW 25,00 per hour, and use “production 5 room”.

2. Any karaoke machine business operator shall be prohibited from offering or selling any alcoholic beverage to any customer in his/her singing practice room;

Nevertheless, around 12:40 on November 19, 2012, the Defendant had F (52 years of age, inn) an employee, sell to E and one other than E, a “production-1 room” under the preceding paragraph “production-1 room,” and sold to four customers under the name of “production-5 room” at KRW 9,000. In short, the Defendant had four customers under the name of “production-5 room” sell to 12,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. E statements;

1. Application of reports on the control of public morals, business office photographs and Acts and subordinate statutes;

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry and the Selection of Punishment for Facts constituting an offense, Article 18 (1) of the Act on the Promotion of Music Industry (the running of a non-registered singing practice room), Article 34 (3) 2 of the Music Industry Promotion Act, and Article 22 (1) 3 of the same Act (the selling of alcoholic beverages), 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 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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