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(영문) 서울중앙지방법원 2013.07.25 2013고정2575
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is a singing practice room business operator who operates a singing practice room with the trade name “C singing practice room” on the first floor of Dongjak-gu Seoul Metropolitan Government (B).

No karaoke machine business operator shall employ any entertainment loan or arrange any other business.

Nevertheless, at around 00:50 on April 2, 2013, the Defendant: (a) provided entertainment loans to D, E, and F each hour, respectively; and (b) provided entertainment services to two male descendants whose names are not known in D, E, and F, respectively; (c) provided entertainment services with two male descendants who are not known in D, E, and F, respectively; and (d) breached the obligation of a karaoke business operator, by allowing them to sit in a singing room.

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

Nevertheless, the Defendant violated the code of practice of a karaoke machine business operator by selling cans to two customers who are not aware of the six and seven customers each at the same time and place as Paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial entry of each police interrogation protocol against the accused and F;

1. Each police suspect interrogation protocol of D or E;

1. Control note;

1. Application of statutes on site photographs;

1. Article 34 (2), Article 22 (1) 4, Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense;

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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