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(영문) 수원지방법원 성남지원 2013.05.03 2012고단1057
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who runs a singing practice room business with the trade name of "E" in Gwangju City D.

No karaoke machine business operator shall sell or provide alcoholic beverages, or arrange for employment of a entertainment loan.

1. [2012 Highest 1057] On February 24, 2012, the Defendant violated the obligations of the karaoke machine business operator by providing 8 canns, which are alcoholic beverages, to G, etc. where employees in the said singing practice room had been found to be customers in connection with the Defendant’s business at the place, and by arranging H, I, J, and K to drink alcoholic beverages with female guests, and by arranging them to provide entertainment to customers, thereby violating the obligations of the karaoke machine business operator.

2. [2012 Highest 1631] On April 13, 2012, the Defendant sold 15 cans, which are alcoholic beverages, at the above singing practice room 3 around 22:30 on April 13, 2012, and at the above singing practice room, sold 15 cans, which are alcoholic beverages, to six customers, such as L, etc., and demanded four customers, such as L, enter the said room, and let four strings, talk with customers, and sing with them for one hour, and violated the obligations of the singing practice room business operator by receiving a total of 242,00 won from customers, including the amount to be paid to them, including the cans value and the amount to be paid to them.

Summary of Evidence

[2012 Highest 1057]

1. Defendant's legal statement;

1. Written statement by prosecution;

1. Statement made by the police with N (2012 highest 1631);

1. Statement of the witnessO;

1. The entry of the witness P in the fifth trial records, the entry of the witness L in the sixth trial records, the entry of the witness Q in the seventh trial records;

1. Application of Acts and subordinate statutes to the police statement of P and L;

1. The act of Article 35, Article 34 (2), Article 22 (1) 4, Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act: The act of Article 2 of the Act on Promotion of Music Industry: Articles 34 (2), Article 22 (1) 4, Article 34 (3) 2, and Article 22 (1) 3 of the Act on Promotion of Music Industry

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