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(영문) 인천지방법원 2013.11.15 2013고정3558
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room in the name of "Cnoman Bank" on the first floor of underground in Incheon Southern-gu.

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

Nevertheless, at around 03:00 on May 18, 2013, the Defendant received a demand from two persons, such as D, which had been a guest, to leave the above room, and provided a loan by allowing three persons, who have no real name, to enter the room, and allowing them to enter the room, and receiving KRW 25,000 per hour from the customer, and providing them with the helper.

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

Nevertheless, the Defendant sold 30,00 won at the market price of 10,000 cans to two customers, such as the above D, which had been customers at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant legal provisions concerning facts constituting an offense, and 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) of the same Act, and the selection 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 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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