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(영문) 수원지방법원 성남지원 2015.09.16 2015고정567
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “D King practice room” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

1. Every karaoke machine business operator shall be prohibited from employing any entertainment loan, arranging any entertainment business, or arranging any entertainment business;

Nevertheless, at around 12:55 on December 9, 2014, the Defendant, at the request of the said singing practice room, arranged two in-depth entertainment loans to receive KRW 25,000 per hour and to provide entertainment services.

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

Nevertheless, the Defendant sold alcoholic beverages equivalent to KRW 16,00,00, such as 4 traditional Korean/Japan, to E, a customer, at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E and F;

1. Application of Acts and subordinate statutes to investigation reports (as regards the consular-time situation):

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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