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(영문) 서울중앙지방법원 2014.05.16 2014고정1480
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator who operates a “C karaoke machine” in the first floor of the Gangnam-gu Seoul Metropolitan Government building underground.

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

Nevertheless, at around 22:10 on January 17, 2014, the Defendant sold 5 cans and maws to 5 cans and 20,000 won to customers D and three other customers.

2. No karaoke machine business operator shall employ any entertainment loan or arrange such loan;

Nevertheless, the Defendant, at the date and time, at the place specified in Paragraph 1, provided that 25,00 won per hour, provided that the Defendant received demand from the said customers, and provided a loan by allowing three persons to drink with the said customers, to provide entertainment services by drinking alcohol and singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, G, or E;

1. Written statements of D;

1. Application of statutes governing enforcement manuals;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), 34 (2), and 22 (1) 4 (the point of brokerage of loan) 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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