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(영문) 수원지방법원 성남지원 2013.12.19 2013고정1756
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a “C karaoke machine” located in Seongbuk-gu, Sungnam-si.

1. On February 25, 2013, the Defendant received a business suspension order for 70 days from May 1, 2013 to July 9, 2013 from the head of Sung-nam-si, Sung-si, by an act of sale, provision (1) of alcoholic beverages, employment and arrangement (2) of helpers (2).

Nevertheless, the Defendant violated the above order and carried on the business around June 19, 2013.

2. On June 19, 2013, at around 21:20, the Defendant sold and provided 60,000 won in total to two male descendants on his/her name in the “C singing practice room”, including 5 cans of beer, 20,000 won in beer, 10,000 won in beer, and 30,000 won in use of singing practice room.

3. The Defendant: (a) requested 2 male grandchildren on the name of a man at the same time and place as in paragraph (2) to change the son; and (b) assisted 25,000 won per hour by receiving 25,000 won per woman.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of reported Acts and subordinate statutes;

1. Article 34 (3) 3 and Article 27 (1) of the Act on the Promotion of Music Industry, the Promotion of Music Industry, Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry, Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act, the selection of fines for negligence;

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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