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(영문) 서울남부지방법원 2015.03.23 2015고정554
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “Cking practice room” on the first basement of Yangcheon-gu Seoul Metropolitan Government.

No karaoke machine business operator shall employ or arrange a entertainment loan, or sell alcoholic beverages.

Nevertheless, at around 22:20 on October 31, 2014, the Defendant: (a) paid 25,000 won per hour to two female members of the instant singing room 5; (b) had two customers, including customers D (56), etc., drink alcoholic beverages and singing, and sold 8 car cans to 4,000 won each; and (c) sold 8 car cans to 4,00 won.

Accordingly, the Defendant violated the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements (E);

1. Application of statutes on site photographs;

1. Relevant Article on criminal facts, Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of violation of the code of practice by a karaoke machine business operator due to a loan brokerage), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of violation of the code of practice by a karaoke machine business operator due to a sales of alcoholic beverages), and the choice 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 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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