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(영문) 부산지방법원 2014.02.10 2013고정5610
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant of "2013 High Court 5610" is the owner of a DNA singing practice room registered in the name of a de facto marital person C in Busan Dong-gu.

Any karaoke machine business operator shall not sell or provide alcoholic beverages, or employ any gambling, and shall not arrange any entertainment with customers for profit-making purposes to drink alcoholic beverages, singing or dance with them.

Nevertheless, at around 01:00 on August 13, 2013, the Defendant sold 40 bottles (1.60,000 won per head of 25,00 won) which are alcoholic beverages to 5,00 customers E and one other.

around 00:10 on September 27, 2013, the Defendant provided F with alcoholic beverages of an amount equivalent to KRW 68,000,00 in total and alcoholic beverages equivalent to KRW 16,00 in the amount of KRW 3,000 per disease, KRW 16,00 per disease, KRW 10,000 per annum, and KRW 10,000 in the amount of 10,000 per disease.

Summary of Evidence

"2013 Highly 5610"

1. Defendant's legal statement;

1. E-certification;

1. Report on the control of business place;

1. Receipts, on-site photographs "2013, 5643";

1. Defendant's legal statement;

1. A report on investigation;

1. Report on the control of business place;

1. Application of enforcement manual and Acts and subordinate statutes governing the field of control;

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