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(영문) 수원지방법원 2013.03.27 2012고정406
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is running a singing practice room with the trade name of "Dinging practice room" on the fifth floor of a building located in Suwon-gu, Suwon-si, and no karaoke practice room business operator shall sell or provide alcoholic beverages, or employ or arrange a entertainment loan.

[2012 fixed 406]

1. At around 02:10 on December 4, 201, the Defendant sold four cans, which are alcoholic beverages, to E, a singing practice room, to the instant singing practice room 9, a singing practice room.

2. The Defendant, at the time and place specified in the foregoing Paragraph 1, received a demand from E’s daily behaviors to cause friendship, employed F and G 2 as a Does, and employed Does in a lump-sum manner by allowing them to enter the above room and attend the room with the said customer, and then providing 25,000 won per hour to the Doeseses.

[2012 high-level 1631] The Defendant provided three customers, including H, at the instant singing practice room from March 8, 2012 to March 23:30 of the following day, with approximately 10 cans and beers.

Summary of Evidence

[2012 fixed 406]

1. Partial statement of the defendant;

1. Each legal statement of witness E and I;

1. On-site photographs;

1. A criminal investigation report (2012 High Court Decision 1631);

1. Partial statement of the defendant;

1. Each legal statement of the witness H and J;

1. On-site photographs;

1. The application of Acts and subordinate statutes to investigation reports (general), investigation reports (splicates of receipts);

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act (the point of sale and provision of alcoholic beverages), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of employment of adjacent loans), 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. The defendant and his/her defense counsel on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant did not sell or provide alcoholic beverages, or employ or arrange a entertainment loan in a singing practice room.

I ambl, ambl.

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