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(영문) 서울남부지방법원 2017.12.22 2017고정1823

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

A person who intends to operate a singing practice room business shall be equipped with a singing practice facility prescribed by Ordinance of the Ministry of Culture and Tourism and shall register with the head of the Si/Gun/Gu.

Nevertheless, the Defendants conspired with each other from January 5, 2016 to March 14, 2017, with six rooms equipped with musical instruments in the trade name of "D" in Guro-gu Seoul Metropolitan Government, and provided them with music services by receiving KRW 20,000 to 25,00 per hour from customers, and provide them with music services in line with the mechanical instruments, selling alcoholic beverages to customers, and arranging a loan with non-name-based women, thereby running a singing practice room business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written accusation from the head of the Gu;

1. E statements;

1. Application of Acts and subordinate statutes on site photographs of business places;

1. Relevant legal provisions and the Defendants who choose the punishment for the crime: Articles 34(3)1 and 18(1) of the Music Industry Promotion Act; Article 30 of the Criminal Act (Selection of Penalty)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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