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(영문) 서울서부지방법원 2014.09.03 2014고정1182
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run a singing practice room business without registration is required to complete registration with the head of the competent Si/Gun/Gu with the facilities for singing practice room business under the relevant Acts and subordinate statutes, but the Defendant, without registering his/her singing practice room business with the competent administrative agency, has installed the video reflector device in the name of “C” from December 1, 2012 to December 22:00, 2013 from the Seoul Mapo-gu Branch Office, and has run a singing practice room business with approximately KRW 20,000 per hour from the name-free customers, etc.

2. Even if a karaoke machine business operator who sells alcoholic beverages in a singing practice room is prohibited from selling or supplying alcoholic beverages, the Defendant provided three customers, including D, at around 22:00 on December 4, 2013, with beer 4 cans, 3 cans, and 54,000 won in price, and sold alcoholic beverages in a singing practice room.

3. Although a singing practice room business operator is prohibited from employing or arranging a contact loan, the Defendant arranged a contact loan by attracting 25,000 won per hour from customers, such as D, at the date, time, and place specified in the foregoing paragraph 1. The Defendant offered two persons who received a contact loan to them, and by introducing two persons who received a contact loan to play singing together and dance, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Sales slips;

1. On-site photographs;

1. Business registration certificate;

1. Application of police investigation reports (17 pages of investigation records) Acts and subordinate statutes;

1. Article 34 (2) and Article 22 (1) 3 of the Act on the Promotion of Music Industry (the point of providing alcoholic beverages), Article 34 (3) 1, and Article 18 (1) of the Music Industry Promotion Act (the point of operating a singing practice room business), Article 34 (3) 2, and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

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