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(영문) 서울서부지방법원 2013.04.24 2012고단2537
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room in Yongsan-gu Seoul Metropolitan Government's trade name.

[Attachment 2012 Highest 2537]

1. Despite the fact that a karaoke machine business operator was prohibited from employing or mediating a entertainment loan, the Defendant employed and arranged a entertainment loan by having D or E drink a entertainment loan with male customers F, etc., or provide entertainment services with music or dancing at the said karaoke machine around September 5, 2012.

[2013 Highest 47]

2. Although a singing practice room business operator is not allowed to sell or provide alcoholic beverages, the Defendant sold four cans cans to customers G, etc., which he/she found in a singing practice room around 00:40 on October 8, 2012; around 22:59 on November 10, 2012; sold eight cans to customers with no name in the above place; sold 15 cans to customers with no name in the above place around 01:38 on December 22, 2012; and sold five cans to customers with no name in the above place at around 22:05 on December 26, 2012.

Summary of Evidence

[Attachment 2012 Highest 2537]

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Statement made by the police with F (2013 senior 47);

1. Defendant's legal statement;

1. A written statement of the G production;

1. Control note, each detection report, and investigation report;

1. Application of Acts and subordinate statutes to each on-site photographs and photographs;

1. Article 34 (2) and Article 22 (1) 4 (which employs a loan from a singing practice room) of the Music Industry Promotion Act, Article 34 (3) 2 and Article 22 (1) 3 (which means the sale of alcoholic beverages in a singing practice room) of the Music Industry Promotion Act, and the selection of fines for negligence;

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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