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(영문) 대전지방법원 2015.04.23 2015고정12
음악산업진흥에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Cnoman Bank” in Daejeon Seo-gu B.

Any karaoke machine business operator shall be prohibited from selling or offering alcoholic beverages, and from arranging an employment of a entertainment loan.

1. On October 15, 2014, around 01:10, the Defendant sold alcoholic beverages, such as two bottles, cans, one cans, etc., to customers D and one other.

2. On December 8, 2014, from around 01:00 to 02:00, the Defendant sold cans to two customers E and two other customers, including cans, 5 to 6 beer, and 2 beer, and arranged two female contact loans, the name of which is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on writing DNA;

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry and the Selection of Punishment for Crimes and Article 22 (1) 3 of the Act on the Promotion of Music Industry and Article 34 (2) and Article 22 (1) 4 of the Music Industry Act (the occupation of an adjoining loan broker and the selection of a fine);

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant was punished twice by a fine of the same kind, and the fact that the defendant was discovered by selling alcoholic beverages on October 15, 2014 and offered a loan of alcoholic beverages on December 8, 2014 shall be determined as indicated in the order.

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