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(영문) 인천지방법원 2015.05.15 2015고정1133
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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 practice room with the trade name of “Cing practice room” in Yeonsu-gu, Incheon.

1. Any karaoke machine business operator shall be prohibited from selling or providing alcoholic beverages at his/her place of business;

Nevertheless, around 20:50 on February 21, 2015, the Defendant sold three customers D, etc. at the “C Kinging practice room” (hereinafter “C King practice room”) to three customers, thereby violating the obligations of King practice room business operators.

2. No karaoke machine business operator shall employ nor arrange a entertainment loan;

Nevertheless, the Defendant received 25,00 won per hour from three customers, such as customers D, at the same time and place as Paragraph (1). The Defendant introduced three women with no name viables, thereby acting in company with customers, thereby violating the rules of practice of karaoke machine business operators.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Music Industry Promotion Act and the application of Acts and subordinate statutes to report investigation;

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (the point of arranging adjacent loans and selecting fines) concerning facts constituting an offense, Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages and the choice 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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