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(영문) 서울동부지방법원 2015.03.13 2015고정167
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 singing practice room from April 25, 2014 to the trade name of “C” in Gangdong-gu Seoul Metropolitan Government.

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

Nevertheless, at around 23:00 on November 18, 2014, the Defendant received 3,000 won per beer D, etc., and sold cans to the said customers.

Accordingly, the Defendant sold and supplied alcoholic beverages as a karaoke machine business operator.

2. Any karaoke machine business operator shall be prohibited from employing or arranging a loan for entertainment.

Nevertheless, the Defendant had E receive 25,00 won per hour at the date, time, and place mentioned in the above Paragraph 1, and arranged for entertainment by drinking alcoholic beverages with customers or singing or dancing.

Accordingly, the Defendant arranged a contact loan as a karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing field documentary evidence photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale and provision of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (the point of brokerage of loan) of the Music Industry Promotion Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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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