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(영문) 수원지방법원 2014.04.23 2014고정207
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates 'D1' and 'D202' respectively in Suwon-si C 201 and E 202.

1. He/she shall not arrange any entertainment to customers in a singing practice room for profit, and shall not sell or provide alcoholic beverages;

Nevertheless, at around 22:00 on September 9, 2013, the Defendant: (a) arranged four female visitors, including “Ding 2” rooms; (b) provided four customers, who found the said establishments, with four female visitors, such as “Ding 2” rooms; and (c) sold and provided cans, bes, bes, bes, and bes.

2. Any karaoke machine business operator shall be prohibited from selling or providing alcoholic beverages, and shall not continue to operate his/her business, in violation of an order to suspend the business;

Nevertheless, on October 14, 2013, the Defendant, despite being subject to an administrative disposition of 50 days of business suspension (from August 31, 2013 to October 19, 2013) from the Young-gu Office due to a business operator’s violation of the rules of practice at the F room of the above “D 1”, operated a singing room business by selling and providing 11 canscams to the customers of the 10 male and female male and female members, and allowing them to sings.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including each statement portion of G and F);

1. A H statement;

1. Application of Acts and subordinate statutes to an investigation report (as to statements made by an employee in the future), a copy of a singing practice room business registration certificate, a copy of an administrative disposition issued at the place of violation, a copy of an official document issued at the place of violation, and a report on investigation

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act (the occupation of alcoholic beverage sales and the selection of fines), Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act (the occupation of an adjacent loan assistance and the selection of fines), Articles 34 (3) 3 and 27 (1) of the Music Industry Promotion Act (the occupation of an order to suspend the business, the selection of fines) concerning facts constituting an offense;

1. Article 37 of the Criminal Code among concurrent crimes.

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