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(영문) 수원지방법원 2013.05.15 2013고정138
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “C” from the second floor of the building located B in the eternic City.

[2013 Highest 138] Any karaoke machine business operator may not sell or provide alcoholic beverages.

Nevertheless, at around 20:15 on October 29, 2012, the Defendant sold a total of 35,000 won of cans, five cans, five cans, one day-to-day, etc. to four customers, and 35,000 won.

[2013 fixed-term 346] No karaoke machine business operator shall sell or provide alcoholic beverages, or employ or arrange a entertainment loan.

Nevertheless, at around 22:20 on August 16, 2012, the Defendant: (a) around 22:20, around 22:20, the Defendant: (b) allowed E to provide an unspecified customer with entertainment on about 50 occasions from April 22, 2012 to August 16, 2012; (c) sold four male customers on the name of the said singing practice room, who are alcoholic beverages, to four male customers on the name of the said singing practice room; and (d) sold a 10 canter to one male guest on the name of the said singing practice room at around 22:20 on the same day, to one male guest on the name of the said sing practice room.

Accordingly, the Defendant sold alcoholic beverages and arranged a entertainment loan, thereby violating obligations of a karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. All on-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act, the choice of fines for negligence, and the selection of fines for negligence;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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