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(영문) 서울서부지방법원 2015.04.22 2015고정293
음악산업진흥에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No karaoke machine business operator shall sell or provide alcoholic beverages, or hire or arrange a loan for entertainment.

On September 28, 2014, the Defendant sold three cans to customers D, etc. with three cans, and ordered them to engage in entertainment with the said D, etc. by drinking alcohol or singing together with the said D, etc., on a daily basis, at the “Crogate” operated by the Defendant on September 28, 2014, which is located in the first floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, under the influence of KRW 25,00 per hour.

Accordingly, the Defendant sold and supplied alcoholic beverages as a karaoke machine business operator, and arranged a loan for entertainment.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning D concerning suspect examination of the police;

1. Application of Acts and subordinate statutes, such as enforcement photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), and the choice of fines;

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

1. Articles 70 (1) 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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