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(영문) 의정부지방법원 2017.01.19 2016고단4746

음악산업진흥에관한법률위반

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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room business with the trade name “E” in South Korea-si.

1. A person who intends to operate a singing practice hall with no registered singing practice room shall be equipped with facilities for singing practice room prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and shall register with the head of a Si/Gun/Gu;

Nevertheless, on July 29, 2016, from around 21:20 to October 7, 2016, the Defendant, without registering with the competent authority, engaged in the instant singing practice room business, by installing guest rooms and singing rooms in the said singing practice room, and importing customers, at an average of 2.50,000 won per day, from around 21:20 to October 7, 2016.

2. A person who engages in the business of singing practice for alcoholic beverages shall not sell or provide alcoholic beverages;

Nevertheless, at around 21:20 on July 29, 2016, the Defendant sold 3 cans cans to 12,000 won to F (the age of 48) customers, and sold 6 cans cans to 24,000 won to 6 customers, whose name cannot be known in 8 rooms.

Summary of Evidence

1. The defendant's partial statement (as to the point of sales of alcoholic beverages, it shall be recognized);

1. A protocol concerning the examination of each police suspect against the defendant, G, or H;

1. Each statement of F, G, H, and I;

1. Business registration certificate and certificate of report on the manufacturing business;

1. A report on the control of a business place;

1. Reporting on detection (Violation of the Music Industry Promotion Act);

1. A report on internal affairs (the current status, etc. of the operation of a singing practice place);

1. Application of statutes on site photographs;

1. Article 34 (3) 1, Article 18 (1) (a) of the Music Industry Promotion Act (a point of business without registration) on criminal facts, and Articles 34 (3) 2 and 22 (1) 3 (a point of business at the music industry) of the Music Industry Promotion Act (a point of business at the music market) on criminal facts;

1. Selection of each alternative fine for punishment;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The place of business of this case is alleged.