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(영문) 서울남부지방법원 2014.02.13 2014고정311
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with a trade name in Gangseo-gu Seoul Metropolitan Government.

Although a karaoke machine business operator is not allowed to employ a entertainment loan, offer a good offices, or sell or provide alcoholic beverages, on July 26, 2013, the Defendant received a demand from three persons, such as the above singing practice room No. 3 around 21:00, the Defendant: (a) received a demand from the customers, such as D (ma, 37 years of age); (b) received KRW 25,000 per hour from the customers; and (c) made the customers, who have come to know, receive KRW 25,00 per hour; and (d) let E, F, and G attend with the customers to provide entertainment to the customers, and (e) sold five canns, which are alcoholic beverages, to the said customers, to encourage them to provide entertainment to the customers, and (e) sold to the said customers at KRW 15,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

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

1. Each statement of E, F, G, and D;

1. Application of statutes on business registration certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of alcoholic beverage sales) of the same Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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