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(영문) 부산지방법원 2014.08.21 2014고정1958
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with a trade name "D Kinging practice room" in Busan Geum-gu.

1. No one shall, for the purpose of making a profit, arrange any person to provide entertainment services to customers by drinking alcoholic beverages with them, singing or dancing with them;

Nevertheless, at around 01:40 on November 28, 2013, the Defendant: (a) received a demand from the said singing room; (b) made it possible for F to pay KRW 30,000 per hour to E; and (c) introduced it to E to arrange for entertainment to drink and singing together.

2. Any karaoke machine business operator who sells alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, the Defendant sold and provided one alcoholic beverage, which is an alcoholic beverage, to E, a singing practice room, at the same time and place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reporting on detection of and attachment to business entities violating the Act and subordinate statutes and report on investigation (report on the E currency);

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (4) and 22 (2) (the point of good offices) of the Music Industry Promotion Act concerning criminal facts, the selection of fines for negligence, and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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