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(영문) 대전지방법원 천안지원 2013.11.08 2013고단1149
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a CY business on the third floor of a building located in Seoan-gu, Seoan-gu, Seoan-gu.

1. In spite of the fact that a karaoke machine business operator in violation of the Music Industry Promotion Act due to the sale of alcoholic beverages did not sell or provide alcoholic beverages, the Defendant, at around 00:48 on June 11, 2013, sold to two customers, such as D, etc., four canals and four canals and 40,000 won per annum.

As a result, the Defendant sold alcoholic beverages by violating the obligations of a karaoke machine business operator.

2. In spite of the fact that a karaoke machine business operator in violation of the Music Industry Promotion Act due to loan brokerage was prohibited from employing, arranging, or arranging a entertainment loan, the Defendant received a request from D, a customer, to get a singing practice room, at the same time and place as that set forth in paragraph (1), and received a request from E, a customer, to get a singing practice room, and E received KRW 20,000 per hour and received KRW 20,000 per hour, while drinking with two persons, including D, for about one hour.

As a result, the Defendant arranged a contact loan in violation of the obligations of the karaoke machine business operator.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Copy of the registry of distribution-related business; and

1. Copy of the report;

1. Copy of cash sales;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Relevant Articles 34 (3) 2, 22 (1) 3 (the point of sale of alcoholic beverages), 34 (2), and 22 (1) 4 (the point of brokerage of adjacent loans) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant was punished for the same kind of crime even if he/she again commits the crime in this case, and there is no criminal record other than the fine, and that the defendant is against the defendant.

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