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(영문) 대구지방법원 2014.05.09 2014고정430
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

The defendant is a singing practice room business operator who operates a singing practice room in Busan Metropolitan City.

1. On July 25, 2013, at around 22:25, the Defendant: (a) sold 10,000 won for each customer E and four other customers; (b) sold 10,000 won for each customer to two customers whose names are unknown in the said room; and (c) sold 10,000 won for each hour to F (38 years of age, 45 years of age, 30,000 won for each of the said customers; and (d) arranged for a entertainment loan with the said customers, such as singing together or dancing with the said customers, thereby violating the obligations of the karaoke machine business operator.

2. Around 20:00 on August 11, 2013, the Defendant violated the obligation of a karaoke machine business operator by selling one of the instant singing practice room to customers H and four other persons, and by arranging an entertainment loan with I (the age of 57) at an hourly intervals of KRW 30,000,000 per hour, and allowing the said customers to sing with music or dance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G, F, and I;

1. A written petition;

1. Application of statutes on site photographs;

1. Selection of a fine for a crime under Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of good faith for prior notice of a loan), and the selection of a fine for each crime;

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;

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