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

The above fine shall not be paid by the defendant.

A. Since the Defendant did not operate a dan without permission, the Defendant merely operated a music record video production business, there is an error of misconception of facts in the lower court’s judgment that deemed the charges of this case as a violation of the Food Sanitation Act, thereby affecting the conclusion of the judgment.

B. The sentence of a fine of four million won imposed by the lower court is too unreasonable.

2. The prosecutor whose indictment was modified shall keep the previous facts charged in the first instance, and shall keep them in the name of the offense, “Violation of the Music Industry Promotion Act”, “Article 34(3)1 and 2, Article 18(1), and Article 22(1)3 of the Music Industry Promotion Act, Articles 37 and 38 of the Criminal Act”, and the following 4.

The judgment of the court below is no longer able to maintain, as the subject of the judgment was changed by this court's permission to add the charge to the charge of the case.

Therefore, I first decide on the defendant's primary facts charged and then decide on whether to judge the conjunctive facts charged according to the contents of the judgment.

3. Judgment on the primary facts charged

A. On February 29, 2012, the summary of the facts charged charged reveals that the Defendant reported to the Cheongnam-do Governor as the Defendant’s wife C in the name of “D”, and reported the sales of music records and music video products to the head of the Incheon District Tax Office under the trade name of “E” with the Defendant’s wife C as the representative, and that the Defendant mainly sold alcoholic beverages, and that customers are allowed to singing singing and practice entertainment business where customers are allowed.

1. On April 10, 2012, around 22:35, the Defendant: (a) provided three customers, including G, who are customers, with singing instruments in the said “D” shop in the Gangnam-gu Seoul Metropolitan Government without obtaining permission for an entertainment business; and (b) provided a singing room in the said “D” shop in the said “D” shop in the said “D” room.