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(영문) 서울중앙지방법원 2012.12.13 2012고정3997
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a singing practice room business operator who operates the Seocho-gu Seoul Metropolitan Government King practice room.

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

Nevertheless, at around 21:40 on May 8, 2012, the Defendant sold to D (the age of 63) a 3,000 won a week to customers, and provided it to D (the age of 63).

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

Nevertheless, the Defendant: (a) received KRW 25,00 from D, a customer, and (b) assisted a contact loan by having one female helper drink with the said D with drinking or singing together; (c) at the same time and place as above, the Defendant arranged for a contact.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to some statements (including D substitute parts) among the police interrogation protocol to the accused;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (the point of brokerage of adjacent loans) of the Music Industry Promotion Act, and the 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that D, which has been a customer in the singing practice room of this case, sent D along with the Defendant’s children, to the outside of the singing practice room, and there was no fact that D, as a matter of course, sold the lawsuit to D or arranged for the singing.

2. The judgment : (1) in an investigative agency and this court, D d, “at the time, at a singing practice room in this case, 25,000 won for singing practice room and 25,000 won for singing practice room, paid in advance to the Defendant, and entered room. After 5 to 10 minutes, she drank one disease for a week which was opened in accordance with plastic cups.”

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