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(영문) 인천지방법원 2015.04.10 2015고정835
음악산업진흥에관한법률위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room in Incheon Bupyeong-gu B.

1. No karaoke machine business operator shall employ nor arrange a vaccination loan;

Nevertheless, around 01:30 on September 3, 2014, the Defendant: (a) received a demand from two customers, such as customers D, in the instant singing practice room; (b) and (c) provided a loan by allowing two female women under the name-free circumstances, who have come to know-how, to see the time of customers and receive KRW 30,000 per hour from customers, and arranged for the loan by allowing them to do so.

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

Nevertheless, the Defendant sold 9 cans to two customers, such as customer D at the time and place specified in Paragraph (1). The market price of 36,000 won in the 9 cans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Application of statutes to a certified copy of a karaoke machine business registration certificate;

1. Relevant provisions for facts constituting an offense, Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a point of sales and provision of alcoholic beverages), 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing period under Article 334(1) of the Criminal Procedure Act shall be determined as ordered by comprehensively taking into account the following circumstances, including the defendant's age, character and conduct, environment, circumstances surrounding the crime and circumstances after the crime, etc.

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