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(영문) 광주지방법원 2014.02.14 2013고정2199
음악산업진흥에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a singing practice room business operator who operates a singing practice room with the trade name of ‘D' from the second floor of the Seo-gu Seoul Building in Gwangju Metropolitan City.

Every karaoke machine business operator shall be prohibited from selling alcoholic beverages at his/her place of business, or employing or arranging a entertainment loan.

Nevertheless, at around 00:00 on May 26, 2013, the Defendant sold 30,000 won for the instant singing practice room to E who is a customer, and received a demand from E to receive a contact loan of 30,000 won, the Defendant hired and arranged a contact loan on the condition that 30,000 won per hour is paid by 30,000 won.

Accordingly, the Defendant sold alcoholic beverages in a singing practice room, and employed and arranged a entertainment loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violator of the Music Industry Promotion Act;

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

1. Article 34 (3) 2 of the relevant Act and Article 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the choice of fines), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (the point of mediating loan, the selection of fines) 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. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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