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(영문) 서울서부지방법원 2019.01.11 2018고정829

음악산업진흥에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who has operated a singing room in the Eunpyeong-gu Seoul Metropolitan Government Underground with the trade name of “Cing practice room”.

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 the competent Gu;

Nevertheless, the Defendant did not register with the competent authority, from March 11, 2018 to May 5, 2018, and operated a singing practice room business with a singing room in Eunpyeong-gu Seoul, Seoul, with a room for singing, such as a video room and a video or a visual reflector, and with a charge equivalent to 20,000 won per hour from many unspecified customers.

2. Arrangement of entertainment workers;

A. On March 11, 2018, the Defendant: (a) around 23:09, at the said C Kinginginging room, requested from customers D to receive 30,000 won per hour, and assisted Chinese students E to provide entertainment services, such as singing in company with customers.

B. On May 5, 2018, around 03:15, the Defendant: (a) received a demand from customers F, etc. to receive a letter from the said C K and H to receive KRW 30,000 per hour; and (b) assisted the Defendant to provide entertainment by singing in company with customers.

Summary of Evidence

1. The defendant's partial statement in court (the purport that paragraph (1) of the indictment is recognized);

1. Legal statement of witness D;

1. A statement prepared by the F;

1. Control note;

1. Application of statutes on site photographs;

1. Articles 34 (1) 1 and 18 (1) of the Act on the Promotion of Music Industry (the point of running a singing practice room business without registration), Articles 34 (4) and 22 (2) of the Act on the Promotion of Music Industry concerning criminal facts, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.