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(영문) 부산지방법원 2014.11.10 2014고정4200
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant shall not sell alcoholic beverages within his/her place of business or arrange for employment of a entertainment business operator, while a karaoke machine business operator shall not sell alcoholic beverages or arrange for employment of a entertainment business operator.

Nevertheless, around June 29, 2014, the Defendant sold five diseases per week to D, etc. who is a customer at the above singing practice room around 22:30 on June 29, 2014, and arranged for entertainment by having E, who is a female singing room, sit together with the above D, etc., and put in singing together, etc., on condition of giving KRW 25,00 per hour.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A report on detection, a report on control of an illegal business establishment and an investigation report;

1. Written statements of D;

1. Application of registration certificates, on-site photographs statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (the point of providing alcoholic beverages), 34 (2), and 22 (1) 4 (the point of arranging adjacent loans) of the Music Industry Promotion Act, and 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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