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(영문) 서울동부지방법원 2013.09.27 2013고정1996
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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” on the first floor of Songpa-gu Seoul Metropolitan Government.

1. Any person who intends to run a singing practice room business shall register his/her business with a competent authority;

From October 2012 to May 15, 2013, the Defendant run a singing practice room business by installing singing practice room facilities for public use at a store of about 40 square meters with six guest rooms without registering with the Songpa-gu Office.

2. No person who runs a singing practice room business shall sell or provide any alcoholic beverage;

At around 22:00 on May 15, 2013, the Defendant sold 49,000 car cans, cans, beer, and maws, etc. to three male grandchildren, including D, in total, from five rooms at the above place.

3. No person who runs a singing practice room business shall employ any entertainment loan or arrange such business;

The Defendant received 25,00 won per hour from three male descendants, respectively, at the same time and place as the above paragraph (2) of the same Article, and had three persons, including Domin E, etc. provide entertainment services to the above customers by singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against F, E, or G;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Article 34 (3) 1, Article 18 (1) (a) of the Music Industry Promotion Act, Article 34 (3) 2, Article 22 (1) 3 (a) of the same Act, Article 34 (2), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense, and Article 34 (3) 1, Article 18 (1) (a) of the same Act, Article 34 (3) 2, and Article 22 (1) 2 of the same Act, the

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 48 (1) of the Criminal Act of confiscation;

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

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