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(영문) 대구지방법원서부지원 2020.11.17 2020고정191
음악산업진흥에관한법률위반
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates 'C karaoke machine' on the second floor of the Daegu Seo-gu B building.

1. Any karaoke machine business operator shall be prohibited from employing or arranging a loan in a singing practice room, or engaging in entertainment activities;

Nevertheless, on December 17, 2019, the Defendant, at around 22:30 on December 17, 2019, requested to provide a contact loan from customers D, etc. in the above singing practice room 3 room and provided an entertainment loan by allowing E and F to attend a contact with KRW 30,000 for one hour and drink alcohol and drink music, etc.

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

The Defendant sold to customers D, at the date, time, and place under the preceding paragraph, alcoholic beverages, such as 1 illness and 2 illness, to customers D, etc. in KRW 25,00.

Summary of Evidence

1. Defendant's legal statement;

2. Some statements in the police interrogation protocol of F and E;

3. Application of Acts and subordinate statutes to investigative reports ( telephone communications with D at the time of telephone communications with customers);

1. Relevant Article on criminal facts, 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), the selection of a fine, and the selection of a fine;

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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