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(영문) 부산지방법원 2013.04.08 2013고정597
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

1. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, on July 14, 2012, the Defendant provided three customers, such as D, at the special room of singing practice room in the name of “C Kinginging practice room” operated by the Defendant in Busan High-gu, 201, with 15 diseases equivalent to the market price of 105,000 won.

2. No karaoke machine business operator shall arrange a loan for entertainment;

Nevertheless, the Defendant paid KRW 25,00 per hour to E who provided entertainment service at the time and place specified in the above paragraph (1), and assisted the entertainment of customers by drinking with the above customers or singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to report the detection;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), Article 34 (3) 2, and Article 22 (1) 4 (a) of the Music Industry Promotion Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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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