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(영문) 청주지방법원 2013.11.29 2013고단710
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. Although a person who intends to run a singing practice room business is equipped with the facilities of the singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and registered with the competent authority, the Defendant operated the singing practice room business on the 3th floor of Cheongju-gu, Chungcheongnam-gu, Cheongju-si without registering the singing practice room with the competent authority from April 20, 2012 to April 7, 2013.

2. Although a singing practice room business operator is prohibited from selling or offering alcoholic beverages to customers, the Defendant received 20,000 won from the singing practice room as described in paragraph (1), from E, which is a customer, around November 8, 2012, from around 07:30, and sold 5 bottles. On January 20, 2013, he received 20,000 won from three customers on his name and not on his name, and sold 5 beer, and around January 20, 2013, he sold 10 beers with 40,000 won to three customers on his name and not on his name.

3. In spite of the fact that a karaoke machine business operator is prohibited from employing or mediating a entertainment loan, the Defendant: (a) provided a entertainment loan in a karaoke machine as described in paragraph (1); (b) provided a contact to F and G by having the customer receive a request for a entertainment loan from E, a customer on November 8, 2012; and (c) provided an entertainment loan by having the customer drink and singing together with the above E; and (d) provided an entertainment loan to H, etc. on January 20, 2013, by having the third customer receive a request for a entertainment loan from his or her name in return for having him/her drink and singing together with the said three customer; and (e) provided an entertainment loan to H, etc. on January 20, 2013, the Defendant provided an entertainment service to H, etc. by having the said customer talk with his/her name in return for having him/her to contact with his/her customer on a three-party name in return for having him/her talk with the said customer.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of each police interrogation protocol of H, F, and G, and a written statement of E prepared;

1. The application of each copy of the control report on public morals, each photograph, and statutes;

1. Relevant provisions concerning facts constituting an offense;

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