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(영문) 서울북부지방법원 2013.07.15 2013고정1585
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Cing practice room” on the first floor of Nowon-gu in Seoul Special Metropolitan City.

No karaoke machine business operator shall sell or provide alcoholic beverages to customers, or arrange for employment of a entertainment business operator.

Nevertheless, at around 22:00 on April 20, 2013, the Defendant: (a) received 6 cans for beer and sold to 3,000 won per alcoholic beverage to 3,00 alcoholic beverage customers; (b) continued to receive a demand from the said customers for delivery of 3,00 won per alcoholic beverage; and (c) assisted the said customers to receive 25,000 won from the said customers and to receive 25,000 won from the said customers, and arranged for the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of alcoholic beverage sales) of the same Act, and the selection 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 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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