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(영문) 대구지방법원 2013.05.16 2013고정644
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.2 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 operates a singing practice room with the trade name of B in Busan Metropolitan City.

1. Any karaoke machine business operator shall not sell or supply alcoholic beverages;

Nevertheless, around October 27, 2012, the Defendant sold to customers C (age 58) one of alcoholic beverages (age 1.6 liter) at the instant singing practice room on October 27, 2012.

2. The karaoke machine business operator shall not offer an employment arrangement for a entertainment loan; and

Nevertheless, the Defendant received the demand from the above C to receive the helper, and had the name influenite loan enter the room and let the above customer take a part in the room, and arranged the contact by receiving 30,000 won from the customer and providing the helper with the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to request an investigation of an illegal business petition;

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

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