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(영문) 전주지방법원 군산지원 2019.01.16 2018고정165
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a non-registered singing practice room with the trade name of the B building and the “C” located on the second floor in the following cities:

1. Any person who intends to run a singing practice room business shall complete registration with the head of a Si/Gun/Gu having facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;

Nevertheless, from December 18, 2014, the Defendant, without being registered with the competent authorities, provided customers who find a singing machine and received 20,000 won per hour and operated a business.

Around that time, the Defendant operated a singing practice room with an average of one million won per month in the above way.

2. No karaoke machine business operator who provides alcoholic beverages shall sell or provide any alcoholic beverage;

Nevertheless, at around August 15, 2017, the Defendant provided two male customers D with two cans cans and beers in the above C 3 room.

Summary of Evidence

1. Legal statement of E and F;

1. Statement to E by the police;

1. Each confirmation document, internal investigation report (as at the time of the first dispatch to the site), - Two pictures of empty cans, two pictures, and investigation reports (the content of confirmation of the loss D) (According to the above evidence, the defendant's statement that the cans, which D, etc. put into the cooling house in which the defendant tried to drink in mind is difficult to believe it as it is, and it is sufficiently recognized that the defendant provided alcoholic beverages as stated in facts constituting a crime 2).

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry, and Articles 18 (1) (which has run a singing practice room business without filing for registration) concerning facts constituting an offense, Articles 34 (3) 2 and 22 (1) 3 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(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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