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(영문) 의정부지방법원 2014.04.10 2013고정620

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On June 29, 2012, the Defendant reported the closure of business while running a singing practice room in Sacheon-si C.

1. 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 a Si/Gun/Gu;

Nevertheless, the Defendant, without registering a singing practice room business with the competent authority from July 2, 2012 to August 20, 2012, run a singing practice room business, including, but not limited to, the installation of a guest room 9, a singing channel, and a video machine at the said place, and a large number of unspecified customers, with singing in a video-competing manner, and a charge equivalent to an average of approximately 300,000 won per day.

On October 16, 2012, the Defendant, at around 16:00, equipped with a video reflective device that enables the Defendant to singing in line with the musical instruments at the above place, and received 10,000 won per hour from E and seven other persons, and used them to sing in line. The Defendant received 10,000 won per hour from F and six other persons, and sing in line with music. On October 16, 2012, the Defendant operated a singing practice without registering with the competent authorities, such as having him sing in line with the musical instruments that sing in line with the musical instruments at the above place.

2. Any karaoke machine business operator who provides alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, on October 12, 2012, the Defendant provided Hawre cans to customers H who found the above singing practice room on October 22, 2012.

Accordingly, the Defendant violated the obligations of the karaoke machine business operator.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. The statement of witness H in the fourth protocol of the trial, the statement of witness E in the fifth protocol of the trial, the witness I in the sixth protocol of the trial, and each statement of witness J in the sixth protocol of the trial;

1. The defendant's partial statement of the police interrogation protocol dated November 29, 2012

1. Each statement, on-site photograph, each copy of the business registration certificate, photograph, each CD, and images.