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(영문) 서울북부지방법원 2015.12.23 2015고정2061
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a “C Staga practice room” in Seoul Jung-gu B.

1. No karaoke machine business operator who violates the Music Industry Promotion Act shall employ or arrange for a loan for entertainment;

Nevertheless, around 02:45 on June 27, 2015, the Defendant agreed to receive KRW 25,000 per each hour from four customers, such as customers D (the age of 49, remaining) who found in the above singing practice room, and arranged three of the contact women to encourage them to provide entertainment, such as singing and dancing, together with their customers.

2. Any karaoke machine business operator who violates the Music Industry Promotion Act shall be prohibited from selling or providing alcoholic beverages at karaoke machine business operators;

Nevertheless, the defendant sold 10 cans cans to 30,000 won (1 cans 3,000 won) to four customers, such as the above customers D (the age of 49, remaining) at the above date and place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, and G;

1. Application of the statutes on photographs taken at the time of crackdown;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of referral for adjacent loans), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sales of alcoholic beverages), and the selection of fines;

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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