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(영문) 수원지방법원 2015.02.12 2014고정3630
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 “Cking practice room” on the Young-gu B and the second floor in Suwon-si.

[2014 Highest 3630] King practice room business operators shall not employ a entertainment loan, offer a good offices, nor have a guest act, and shall not sell or provide alcoholic beverages.

Nevertheless, from around 23:00 on September 25, 2014 to around 23:30 on the same day, the Defendant: (a) provided the said singing practice room to customers D, E, who have found the said singing practice room, with an annual intervals of KRW 25,00,00 per hour; (b) provided the said customers with an opportunity to provide entertainment services; and (c) sold and provided the said customers with alcoholic beverages of KRW 40,00,000, such as cans, per hour.

[Judgment of the court below]

1. Every karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage;

Nevertheless, the defendant on September 13, 2014 between 22 and 00

9. Around 05:00, customers F and G, who found the instant singing practice room, sold alcoholic beverages worth KRW 20,000 in total, 4 cans per cans, 4 cans, 4 cans, 1 cans, 4,000, and 20,000.

2. Every karaoke machine business operator shall be prohibited from employing, arranging a loan for entertainment, or engaging in entertainment activities;

Nevertheless, the defendant, at the time and place specified in Paragraph 1, has employed four female-friendly women for profit-making purposes at 25,000 won per hour, and arranged them to customers for a total of six hours.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act, Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act, the selection of fines for negligence, and the selection of fines for negligence;

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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