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(영문) 서울북부지방법원 2014.04.08 2014고정544
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who has registered with the head of Gangnam-gu Office in the name of Bnonob bank and operates a singing practice room business.

1. A person who runs a singing practice room business is prohibited from selling or providing alcoholic beverages at the relevant place of business, but the Defendant violated the obligations of the said singing practice room business operator by receiving KRW 3,00 per opening money from D (3,00) to the said place of business, which was located on August 13, 2013, the five guest rooms in the Gangseo-gu Seoul Northern District C and the second floor, and selling five cans to the said place of business.

2. Any person, for the purpose of profit-making, is prohibited from drinking alcoholic beverages with customers or assisting any other person to provide entertainment services by singing or dancing. The Defendant, at the same time and place as the foregoing D, provided that he/she would pay KRW 25,00 per hour E, which is the cause of entertainment, and arranged any other person to provide entertainment services by drinking alcoholic beverages along with the foregoing D.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on D and E;

1. Certification letter of E preparation;

1. Control note;

1. Application of statutes governing registration certificates of karaoke machine business;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2), 22 (1) 4 (a) and (2), 34 (3) 2, and 22 (1) 3 (a) of the Music Industry Promotion Act concerning the selection of a fine;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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