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(영문) 서울서부지방법원 2014.05.01 2014고정437
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has reported a music-video production business with the trade name of “C” from the Eunpyeong-gu Seoul Metropolitan Government Sub-story, and actually operates a singing practice room business.

1. Any person who intends to run a singing practice room business without registration shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism registered with the head of the relevant Si

Nevertheless, the Defendant, without registering a singing practice room business, operated a singing practice room at the said establishment from November 23, 201 to November 1, 2013 without registering the practice room business.

2. Any karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage;

Nevertheless, around 01:00 on November 1, 2013, the Defendant: (a) received two cans from three customers D; (b) received two cans from two customers in the name of the four customers; (c) received 6,000 won from two customers in the name of the four customers; and (d) sold two cans and one disease of two customers in the five customers’ name of the five customers and 9,000 won to two customers in the five guest room, and violated the obligations of the karaoke machine business operator.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the police interrogation protocol of the defendant;

1. Written statements of D;

1. A statement of detection;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Relevant provisions of the relevant Act on criminal facts, and Articles 34 (3) 1, 18 (1), 34 (3) 2, and 22 (1) 3 of the Music Industry Promotion Act on the Selection of Penalties, and Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's assertion of Articles 70 and 69 (2) of the Criminal Code for the inducement of a workhouse asserts that the defendant lawfully sold alcoholic beverages after obtaining permission for the sale of alcoholic beverages.

In full view of the business contents and control details of the instant establishment, which can be seen by the records, the Defendant actually sing the customers using singing machines at the instant establishment.

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