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(영문) 청주지방법원 2018.07.12 2018고정282

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, who operates “C” as a business entity that reports the production of music records and music video works in Seocho-gu B, Seocho-gu, and who operates the above C in the form of music practice place business.

1. On March 3, 2018, the Defendant run a music practice room business by having four customers, including D, with music practice facilities, with music practice equipment, video output monitors, and microphones, from April 3, 2016 to March 3, 2018, with four customers, including D, with music practice equipment, and with music practice equipment installed in the above C1 room. The Defendant run a music practice room business by having the competent authorities complete the music practice room without registering the music practice room with the competent authorities, and by having them receive fees from many unspecified customers and provide them with singing in line with the video contents.

2. On March 3, 2018, around 00:17, the Defendant violated the matters to be observed by singing practice operators by selling cans for 10 cans for 10,000 won to four customers, including D, at the above C 1.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on the production of music records or music video works;

1. Articles 34(3)1 and 18(1) of the Music Industry Promotion Act (business of running a music practice establishment without registration) concerning criminal facts, Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (business of running a music practice establishment) concerning criminal facts, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.