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(영문) 전주지방법원 군산지원 2013.07.03 2012고정870
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a singing practice room business with a trade name called “D” from the C underground of the following cities:

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

1. On November 30, 201, the Defendant stated in this court that “A customer E and one other than a customer who found him/her in the instant singing practice room shall not be memoryed as to whether he/she has taken it in the singing room,” and the investigative agency recognizes the fact as the main text in light of the fact stated in the statement that “A person has taken it in the singing room and has taken it in the singing room,” “A person who has taken it in the singing room.” (Evidence 53 pages of evidence No. 3:53 of the record). He/she sold alcoholic beverages by providing “A”, and one person who has taken it in the name-free letter is aware of his/her main name in this court, but he/she did not know of his/her second name,” and in light of the fact stated in the statement that “A person has taken it in the singing room.”

The entertainment loan was arranged by having the above customers drink alcoholic beverages along with music and dancing with entertainment.

2. On November 21, 201, 23., 25. through 30., and December 1, 201, 3.9., 13., 14., and 19., the Defendant arranged for a loan by allowing F to drink with customers on his/her name in a singing practice room.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Each police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (employment of helpers and sale of alcoholic beverages);

1. Relevant provisions for facts constituting an offense, Articles 34 (2), 22 (1) 4 (a) and 34 (3) 2 and 22 (1) 3 (a sales of alcoholic beverages) of the Music Industry Promotion Act, the choice of fines for negligence;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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