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(영문) 인천지방법원 부천지원 2015.05.08 2015고정80
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Dnoman bank” from the Oral-si C and the third floor in Bupyeong-si.

Any karaoke machine business operator shall not sell or provide alcoholic beverages, or shall not employ or arrange a entertainment loan.

Nevertheless, at around 22:50 on September 20, 2014, the Defendant sold three cans to E, a customer who had two rooms, and arranged F as a contact loan on condition that he pays KRW 25,000 per hour, thereby inducing the entertainment of the said customer.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

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

1. Statement of the police statement concerning F;

1. G statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [referring to the concurrent crimes committed in violation of the Music Industry Promotion Act due to arrangement of heavy concurrent crimes];

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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