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(영문) 인천지방법원 2014.05.23 2013고정4279
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with a trade name "Ding practice room" in the Southern-gu Incheon Metropolitan City C underground.

1. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, from around 22:02 on July 8, 2013 to 23:00 on the same day, the Defendant received 3,000 won from E who was found as a customer in the instant singing practice room and sold cans, which are alcoholic beverages, one cans.

2. No karaoke machine business operator shall employ any entertainment business operator nor arrange any entertainment business.

Nevertheless, the Defendant, at the same time and place as referred to in the preceding paragraph, had a female contact loan with which it is difficult to know the name of Dominant who was demanded from E to leave the above room and let Domin the room, and then arranged for a loan by receiving KRW 25,000 from E during one hour, and providing it to Dominant.

Summary of Evidence

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Application of the Acts and subordinate statutes of the investigative cooperation council;

1. Relevant legal provisions concerning facts constituting an offense, Articles 34 (2) and 22 (1) 4 of the Act on the Promotion of Music Industry (the point of providing good offices for loan), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages), and the selection 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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