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(영문) 인천지방법원 부천지원 2015.04.10 2015고단30
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Esing practice room” on the second floor of the Dall-gu D Building in Bupyeong-si.

Any karaoke machine business operator shall be prohibited from selling or offering alcoholic beverages, and shall not arrange for employment of entertainment loans.

Nevertheless, at around 20:00 on November 28, 2014, the Defendant sold five cans to 3,000 won per unit to F et al., a customer, who found the place in the said “E K Kinging practice room”, and arranged G and H as a entertainment loan, with the condition that KRW 25,000 per hour would be paid.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer with respect to G or H;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to cash receipts or simple receipts copies;

1. Relevant provisions of the relevant Act on criminal facts, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of contact loan brokerage), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a point of sale of alcoholic beverages), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the penalty determined for the violation of the Music Industry Promotion Act due to arrangement of heavy concurrent crimes);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that a person makes a confession

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