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(영문) 서울중앙지방법원 2014.05.22 2014고정1678
음악산업진흥에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room business under the trade name of "C King practice room business" in the first floor of Seoul Special Metropolitan City, Gwanak-gu.

1. No karaoke machine business operator shall sell alcoholic beverages to any customer;

Nevertheless, at around 20:00 on February 10, 2014, the Defendant received 6,000 won from a male guest with no name, and sold and provided two cans, which are alcoholic beverages.

2. No karaoke machine business operator shall arrange any employment of a entertainment loan;

Nevertheless, at around 20:20 on February 10, 2014, the Defendant received a demand from a male customer on his/her name in the above singing practice room, and provided a loan by allowing Does-doD to provide 30,000 won per hour on condition that he/she would drink with his/her customer, singing or dancing, thereby inducing the customer to provide entertainment services.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to registration certificates of karaoke machine business;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (which has sold or provided alcoholic beverages), 34 (2), and 22 (1) 4 (which has arranged for a loan) of the Music Industry Promotion Act, and the 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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