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(영문) 부산지방법원 2013.09.10 2013고정3631

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the actual owner of a “C Kinging practice room” with facilities such as about 44 studio 5 and 5 studio studio 5 in the second floor of the building located in Busan B, and D is the actual operator of a singing practice room as an employee of the said singing practice room.

On February 2, 2013, while the defendant is running a singing practice room, he/she was controlled by loan arrangement, etc. and has operated the same year.

3. The same year for the said singing practice room business under the name of the head of the Haman Year-gu.

4. From October to October of the year

5. Since a business suspension order has been issued until September 19 to suspend its business for 40 days, it shall not operate its business in violation of an order of business suspension.

Nevertheless, at around 22:00 on April 10, 2013, the Defendant and D violated the business suspension order by running the business of selling, providing, etc. 15,000 won, including the costs of singing to two males, etc., whose names cannot be known at the above singing practice room once.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Notification of the regulation of the amusement business affecting the public morals, report on detection, report on internal investigation, and application of Acts and subordinate statutes governing the control site photographs;

1. Article 34 (3) 3 of the Music Industry Promotion Act and Articles 27 (1) of the same Act concerning criminal facts and the selection of fines;

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

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