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(영문) 광주지방법원 2012.11.23 2012고정2029

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Any person who intends to run a singing practice room business shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of

Nevertheless, the Defendant, from May 17, 2012 to July 13, 2012, had three guest rooms with the trade name of Seo-gu, Seo-gu, Gwangju, with business facilities, such as singing rooms, and had a singing practice room business with many unspecified customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Investigative report (general), detection and report of business places violating the Food Sanitation Act (non-licensed danran tavern), investigation report (reported D and telephone conversations contents), investigation report (attached to summary order for the same type of crime);

1. Application of Acts and subordinate statutes to photographs, such as site photographs and signboards;

1. Article 34 (3) 1 of the Music Industry Promotion Act and Articles 18 (1) of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his defense counsel asserted that the Defendant did not run a singing practice room business but run a music record and music video production business. As such, the issue of whether the Defendant is a singing practice room or a singing practice room or a music record and music video production business ought to be determined based on the substance of the business. According to the evidence above, it can be acknowledged that the business type of

Therefore, the above argument cannot be accepted.

Parts of innocence

1. The summary of the facts charged is that a karaoke machine business operator is prohibited from selling alcoholic beverages, but the Defendant sold 50,000 won of the market price to customers at the said business establishment around June 20, 2012. (1) On July 10, 2012, the Defendant sold 20,000 won of the market price to customers. (2) On July 21, 2012, at the said business establishment around July 21, 2012, the Defendant sold 20,000 won of the market price to D, etc. as a customer.

2. Relevant provisions and the issues of this case.