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(영문) 대구지방법원 2014.05.21 2014고정584
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 person who operates a Cnodes bank in Daegu Suwon-gu B.

Every karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage, and shall not employ or arrange any entertainment service (no matter whether or not any male or female), nor shall he/she act as a guest.

Nevertheless, at around 21:50 on December 23, 2013, the Defendant sold and provided to ten customers, such as D, with approximately KRW 88,00,00, a total market price of which is equivalent to KRW 30,00, and provided five female entertainment loans, such as E (n, 43 years of age), to encourage them to drink with the said customers, or provide entertainment by singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer concerning E, F, G, H, and I;

1. Application of Acts and subordinate statutes to reports on control of public morals and photographs on control;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages and the choice of fines), Articles 34 (2) and 22 (1) 4 (the point of mediation for adjacent loans and the choice of fines) of the Music Industry Promotion Act concerning facts constituting an offense;

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

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