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(영문) 서울북부지방법원 2019.07.25 2019고정496
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

Punishment of the crime

1. Any karaoke machine business operator who violates the Music Industry Promotion Act shall be prohibited from employing a loan for running in karaoke machine business or arranging any other person to run such business;

Nevertheless, at around 22:00 on November 18, 2018, the Defendant arranged a entertainment loan by receiving KRW 30,000 per hour from D, a customer, and allowing one female-doer to singing together with his customer, in the “C King practice room” room operated by the Defendant located in Seoul Special Metropolitan City, Nowon-gu, Seoul.

2. No karaoke machine business operator who violates the Music Industry Promotion Act shall sell alcoholic beverages at a singing practice room;

Nevertheless, at the time and place specified in Paragraph 1, the Defendant sold to customers D alcoholic beverages 12,00 won in total, including 3 cans per 355ml cans and fruits.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to request a public interest report business establishment (C singing practice room), a report, a internal investigation report (referring to a video CD submitted by the reporting person), and to capture photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), and the choice 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 (1) 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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