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(영문) 부산지방법원 2013.04.11 2012고정5979
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 Busan Jin-gu.

On August 8, 2012, the above singing practice room was ordered by the head of Busan District Office to suspend its business from August 12, 2012 to December 24, 2012.

[2012 high-level 5979] Although the Defendant was unable to engage in business during the suspension period of business, the Defendant violated the business during the suspension period of business by selling 15,000 won to four customers at the 6-time room operated by the Defendant in Busan Jin-gu, Busan, but around August 31, 2012.

[2] On September 22, 2012, the Defendant violated the order of suspension of business by providing seven customers with three customers and six customers on September 22, 2012.

[2013 fixed 480] On September 6, 2012, the Defendant sold 25,000 won to 6 customers in the room room No. 6 of the instant singing practice room.

Summary of Evidence

[2012 High Court Decision 5979]

1. Defendant's legal statement;

1. Reports on detection of violation places of business;

1. Business photographs (2013, fixed71);

1. Defendant's legal statement;

1. Reports on detection of violation places of business;

1. Investigation report (verification report on the period of business suspension);

1. On-site photographs (2013, 480),

1. Defendant's legal statement;

1. Notification of detection of a place of business violating laws;

1. Investigation reports (Attachment to the registry of the music industry);

1. Application of Acts and subordinate statutes governing business photographs;

1. Article 34 (3) 3 and Article 27 (1) 5 of the Music Industry Promotion Act (the point of violation of each order for suspension of business), Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (the point of violation of each order for suspension of business), the selection of fines for each crime;

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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