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(영문) 서울동부지방법원 2014.04.30 2013고단2816
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

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

Although a karaoke machine business operator of the 2013 Highest 2816 had not sold or supplied alcoholic beverages, the Defendant sold cans to customers from September 17, 2013 to September 03:40, 2013.

Accordingly, the Defendant sold alcoholic beverages in a singing practice room.

A person who operates a singing practice room of 2014 Highest 763 shall not employ or arrange a contact loan.

At around 22:10 on December 27, 2013, the Defendant received KRW 25,00 per hour from the customers in the instant singing practice room, respectively, and had five persons, such as Doesmi D, etc. provide entertainment to the said customers by singing or dancing.

As a result, the Defendant arranged a contact loan in a singing practice room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the second protocol of trial;

1. Each police suspect interrogation protocol of the defendant, defendant D, E, F, G, and H;

1. Control note;

1. Registration certificate of singing practice room business;

1. Invoice;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3, 34 (2), and 22 (1) 4 of the Music Industry Promotion Act concerning the selection of punishment, and 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. Acquittal portion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act;

1. Of the facts charged in the instant case, the Defendant did not register a singing practice room business, and installed six and six singing practice rooms under the name of “C image production facilities” from September 17, 2013 to September 28, 2013 under the name of “C image production facilities” at the underground of the building in Gwangjin-gu Seoul Special Metropolitan City from September 17, 2013 to September 03:40.

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