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(영문) 부산지방법원 2014.11.10 2014고정4199
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Cing practice room” in Busan Northern-gu B.

1. Although a karaoke machine business operator was prohibited from selling or offering alcoholic beverages, the Defendant sold alcoholic beverages equivalent to KRW 80,000,000, in total, to D, a customer of the instant singing practice room, around June 10, 2014, at the two said singing practice room around 22:00.

2. Although a singing practice room business operator is not allowed to offer a loan for entertainment, the Defendant provided a loan for entertainment by attracting entertainment by getting a woman’s singing room E at the time and place specified in paragraph (1) at the time and place specified in paragraph (1), with the above D’s demand, who received KRW 30,000 per hour, going in company with the above D, and drink and singing, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Investigation reports and control reports on public morals and business offices;

1. Written statements of D;

1. Business registration certificate;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (the point of providing alcoholic beverages), 34 (2), and 22 (1) 4 (the point of arranging adjacent loans) of the Music Industry Promotion Act, and 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) 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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