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(영문) 서울중앙지방법원 2016.06.22 2016고정1089

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of four 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 operates a singing practice hall in the name of “C” on the Dongjak-gu Seoul Metropolitan Government and the first basement.

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

Nevertheless, from December 29, 2015 to February 21, 4, 2016, the Defendant: (a) made nine rooms on a scale of approximately 297 square meters from around 29:00 to around 40, 2016; and (b) operated a singing practice room business without registering with the competent authority, by having many and unspecified customers receive KRW 20,00 per hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements (D);

1. Application of statutes on site photographs and business registration certificates;

1. Article 34 (3) 1 of the Music Industry Promotion Act and Article 18 (1) of the same Act concerning facts constituting an offense, and Articles 34 (3) 1 and 18 of the same Act concerning the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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