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(영문) 서울동부지방법원 2019.07.19 2019고정535

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Cing practice room” on the building B and underground floor of Songpa-gu Seoul Metropolitan Government.

1. Any person who intends to run a singing practice room business shall complete registration with the head of a Si/Gun/Gu equipped with facilities for singing practice room business;

Nevertheless, the Defendant, without registering with the head of the competent Gu from January 4, 2019 to February 20, 2019, operated a singing practice room business with 30,000 won per hour for customers visiting the said C Kinging practice room business without being registered with the head of the competent Gu.

2. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, on February 20, 2019, the Defendant sold to 9 customers, whose name cannot be known in the said four singing practice rooms, 40 spawres and four spawres and four spawres to 180,000 won.

3. No karaoke machine business operator shall employ any entertainment loan or arrange such loan;

Nevertheless, upon receiving a demand from a customer whose name is unknown at the date and time and place specified in Paragraph 2, the Defendant arranged for entertainment by having nine persons, such as D, E, F, G, H, H, I, J, K, and L, receive KRW 35,00 per hour, and have him/her drink alcohol and drink music, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, I, M, N, H, F, J, or K;

1. Requests for cooperation with investigation, replys and details of administrative dispositions;

1. Application of statutes on site photographs;

1. Relevant legal provisions for facts constituting an offense, Articles 34 (3) 1, 18 (1), 34 (3) 2, and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of running a singing practice room business without registration), Articles 34 (2), and 22 (1) 4 (a) of the same Act (a point of sales of alcoholic beverages), and the choice of fines for negligence;

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