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(영문) 수원지방법원 안산지원 2020.05.27 2019고단3784

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, “C” from April 18, 2016 to August 18, 2017, operates a singing practice room under the trade name of “C” located in Ansan-gu, Ansan-si B.

A person who, around September 11, 2017, transferred the said singing practice room to D and then runs a singing practice room with the delegation of the operation right to the said singing practice room from D again around May 2019.

Any person who intends to run a singing practice room business shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism registered with the head of a Si/Gun/Gu, and any singing practice room business operator shall be prohibited

Nevertheless, the Defendant, without registering with the competent authority from May 2, 2019 to August 2, 2019, operated the singing practice room business by providing customers with singing machines installed in each guest room and allowing them to singing. On August 2, 2019, around 21:05, the Defendant sold alcoholic beverages equivalent to KRW 25,000 in total amount of KRW 4,000 per annum 5 cans, market price of 5 cans, and 5,000 per annum 5,00 won per market price to customers in the above singing practice room.

On May 1, 2019, the Defendant: (a) in a singing practice room in the trade name of “C” located in Ansan-gu, Seosan-si; (b) was delegated by the said singing practice room proprietor D with the right to operate the said singing practice room; and (c) exercised control over the business of the said singing practice room; (d) was suspended from the practice of the singing practice room; and (e) the said practice of the said singing practice room was resumed on November 1, 2019.

Any person who intends to run a singing practice room business shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism registered with the head of a Si/Gun/Gu, and any singing practice room business operator shall be prohibited

Nevertheless, the Defendant did not register with the competent authorities, and the said singing practice room from November 1, 2019 to October 10, 2019.