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(영문) 의정부지방법원 2013.11.07 2013고정2290
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. Any karaoke machine business operator shall be prohibited from selling alcoholic beverages;

Nevertheless, around 01:00 on April 6, 2013, the Defendant sold 8 alcoholic beverages to D and two other customers, a liquor, at the “Cking practice room” operated by the Defendant located on 5th floor of the building located in Jin-si B, Jung-si, Government-si, with a total of 24,00 won.

2. Any karaoke machine business operator shall be prohibited from employing or arranging a loan for entertainment.

Nevertheless, the Defendant paid KRW 25,00 per hour to three persons, such as E, at the time and place specified in the preceding paragraph, and introduced it to the above D, etc. to drink and dance together, thereby arranging entertainment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, E, or G;

1. Written statements of D;

1. A report on the control of public morals;

1. A copy of registration certificate of singing practice room business;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of providing alcoholic beverages), Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of arranging adjacent loans), and 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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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