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(영문) 수원지방법원 성남지원 2013.09.16 2013고정1230
음악산업진흥에관한법률위반
Text

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

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a person who actually runs a “C Kinging practice room” located under Section B of Sungnam-si, Sungnam-si.

1. In spite of the fact that a karaoke machine business operator is unable to sell or provide alcoholic beverages to customers, the Defendant, around 01:50 on March 1, 2013, received 4,000 won per cans to customers D and sold three cans to customers, thereby violating the obligations of the karaoke machine business operator.

2. In spite of the fact that a karaoke machine business operator is unable to arrange a customer to drink with a customer or to dance in a singing practice room for profit, the Defendant, at the same time and place as the above paragraph (1), provided that the Defendant, at a time and place as mentioned in the above paragraph (1), provided that the customer D was not able to obtain 25,000 won per hour and arrange for the customer to receive 25,000 won per hour when the customer D was unable to know his/her name for profit.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of CD-related Acts and subordinate statutes

1. Article 34 (2) and Article 22 (1) 4 of the Act on the Promotion of Music Industry (the point of arranging a contact loan by a singing practice room business operator), Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (the point of selling and providing the rent by a singing practice room business operator), the selection of a fine, etc. for criminal facts;

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

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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