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(영문) 청주지방법원 2017.07.20 2017고정286

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A has registered the type of business as “C” in the name of “Cheongju-si Office B”, but actually engages in a type of singing practice room business.

1. A person who intends to engage in the business of singing practice for Defendant A shall be equipped with a facility for singing practice, which is prescribed by Ordinance of the Ministry of Information and Communication, and shall register with the competent administrative office;

Nevertheless, around February 16, 2017, the Defendant: (a) made seven rooms of approximately 50 square meters from the above “C” around February 16, 2017; and (b) received KRW 25,000 per hour from many unspecified customers, such as D, who installed a singing machine and found the place.

Accordingly, the defendant did not register and run a singing practice place business.

2. No person shall sell or provide alcoholic beverages at a singing practice room for criminal defendant A or E, and no person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services;

Nevertheless, at around 21:00 on February 16, 2017, the Defendants sold 40,000 won, such as 10 cans, 10 cans, etc., to four customers from the above room No. 104, the Defendants: (a) had four customers, such as F, etc. sell alcoholic beverages equivalent to 40,000 won, such as 10 cans, and (b) had his/her name-non-string to provide entertainment to customers by drinking alcohol with the above F, singing and dancing; and (c) received KRW 27,00 per hour under the pretext of entertainment expenses from the above F.

As a result, the defendant A conspired with E to sell and provide alcoholic beverages at the above singing practice place, and arranged entertainment activities for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in D, G, and E;

1. Arrest report on the occurrence of a case, the list of reported cases, the list of reported cases, and the report on internal investigation (the telephone content of the reporter in 112);

1. Application of statutes on site photographs;

1. Article 34 of the Music Industry Promotion Act concerning criminal facts and Article 34 of the same Act concerning the selection of punishment.