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(영문) 수원지방법원 2012.10.18 2012고정595
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

1. The Defendant is a person who operates a singing room with a trade name called “Yanwon-gu Cnoman-gu, Suwon-si,” and a singing practice room business operator is prohibited from employing or arranging a contact loan. Nevertheless, the Defendant, around September 22, 201, received KRW 25,00 per hour from D, E, and F on September 8, 201. G, H, and I violated the rules of practice of singing practice room business operator by arranging to provide entertainment by singing or dancing.

2. Any karaoke machine business operator who sells alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, the Defendant violated the obligations of the karaoke machine business operator by selling to three persons, such as D, E, and F, the total amount of KRW 18,000,00, which is equivalent to the total amount of KRW 18,000, at the above temporary location.

Summary of Evidence

1. The witness H, D's legal statement, witness G, and E's partial legal statement;

1. Application of the police interrogation protocol to G and H, and the police protocol protocol of statement to D

1. Article 34 (2), Article 22 (1) 4, Article 34 (3) 2, and Article 22 (1) 3 of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts;

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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