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(영문) 의정부지방법원 2016.12.05 2016고정2210
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a singing practice room business operator who operates the "Cnoman Bank" located on the B's sub-story in Guro-si, and D is a person who engages in a contact loan.

Any karaoke machine business operator shall be prohibited from employing any entertainment loan, assisting any entertainment business operator to do so.

Nevertheless, around August 22, 2016, the Defendant demanded that two customers who found the said singing practice room be provided with a entertainment loan. In the said singing practice room, the Defendant arranged the said D to provide a entertainment by receiving KRW 25,000 from the said customers from the said customers in the said singing practice room, and providing them with singing or dance for one hour.

(b) No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, the Defendant received 15,000 won from customers who found the above singing practice room at the time and place mentioned in the paragraph, and sold 5 can cans.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A person of E;

1. Application of statutes on site photographs;

1. Relevant Article on criminal facts, Articles 34 (2), 22 (1) 4 (a) of the Music Industry Promotion Act (the point of arranging a loan in a singing practice room), Articles 34 (3) 2 and 22 (1) 3 (the point of selling alcoholic beverages in a singing practice room) of the Music Industry Promotion Act, and the choice of fines, respectively;

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;

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