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(영문) 의정부지방법원 2013.10.23 2013고정2043
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 singing practice room with the trade name of “Cing practice room” at the time of the Gyeonggi-do Government.

1. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, at around 22:30 on July 17, 2013, the Defendant sold four cans to D and one other, a guest, at the 6-place of singing practice room.

2. No karaoke machine business operator shall employ nor arrange a entertainment loan;

Nevertheless, at the time and place specified in Paragraph 1, the Defendant received demand from D et al., a customer, and arranged for a loan by allowing E and F to enter the room of the said customer, and let the customer take a part in the room of the said customer, and receiving KRW 25,000 per hour from the customer and providing the helper with the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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