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(영문) 의정부지방법원 2016.09.26 2016고단2148

음악산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall in the name of "C" at the time of his Government.

1. A person who intends to operate a music practice center in violation of the Music Industry Promotion Act due to the non-registration business shall be equipped with the facilities for music practice center prescribed by Ordinance of the Ministry of Culture and Sports and shall register with the competent Mayor;

Nevertheless, the Defendant, without registering the singing practice place business with the City Mayor, operated the singing practice place at around 40 square meters from December 25, 2014 to May 6, 2016, the above “C with six rooms equipped with singing practice equipment” and at least 20,000 won per hour from customers.

2. Although a person who violated the Music Industry Promotion Act by the sale of alcoholic beverages does not sell or provide alcoholic beverages, the Defendant, who is a singing practice room business operator, sold two can cans of alcoholic beverages to D, who is a customer, at around 22:30 on May 6, 2016, to 7,000 won.

3. In spite of the fact that a singing practice room business operator in violation of the Music Industry Promotion Act through the offering of entertainment loans was prohibited from employing or mediating a entertainment loan, the Defendant introduced a entertainment loan agreement with D at the time and place specified in paragraph (1) on the condition that the Defendant would receive KRW 30,000 per hour a entertainment loan from D, and arranged a entertainment loan by drinking together with the said customer.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A and E, each person;

1. A report on investigation;

1. Copy of the control report on the public morals place;

1. Scenic photographs;

1. Application of Acts and subordinate statutes to a copy of a certificate of reporting production of sound records video works;

1. Article 34(3)1 of the Act on the Promotion of Music Industry, and Articles 18(1) (a) and 34(3)2 of the Music Industry Promotion Act (a) and Article 22(1)3 (a) of the Music Industry Promotion Act on criminal facts, and Articles 34(2) and 22(1)1 of the same Act on the Promotion of Music Industry.