beta
(영문) 서울북부지방법원 2017.05.11 2017고정362

음악산업진흥에관한법률위반

Text

Defendant

B shall be punished by a fine of 2,000,000 won.

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

Reasons

Punishment of the crime

1. Defendant B

A. The Defendant is a person who operates a singing practice hall from the Gangnam-gu Seoul Metropolitan Government D and the second floor in the name of E.

No sing practice room business operator shall continue to engage in sing practice place business, in violation of an order to suspend the operation of the competent administrative agency.

Nevertheless, the Defendant, who was ordered by the head of Gangnam-gu Office, the competent authority, to suspend the operation of the above singing practice room from October 2, 2016 to October 21, 201, provided that the Defendant allowed customers to sing in return for payment during that period.

Accordingly, the defendant continued to operate a singing practice place business in violation of the order of business suspension issued by the competent authorities.

(b) No singing practice room business operator shall engage in any act of employing entertainment receptions or arranging others to employ entertainment receptions;

Nevertheless, around October 6, 2016, the Defendant received 30,000 won per hour from F, a customer, from F, and caused A (V, 51 years of age) to provide entertainment services with singing and dancing with customers, thereby arranging entertainment services.

2. On October 6, 2016, at around 22:47, Defendant A received KRW 30,00 per hour from F, a customer, and 30,000,00 from F, and provided entertainment services to customers, such as singing in company with the customer.

Summary of Evidence

Defendants

1. Each legal statement by the Defendants (as at the second public trial date);

1. Defendant B, such as a written confirmation of the investigation (to hear the F testimony of a witness);

1. Application of Acts and subordinate statutes to notify the results of the modification of a copy of a singing practice place business registration certificate, field photographs, and administrative disposition;

1. Relevant legal provisions and the defendant B who has selected a sentence on criminal facts: Articles 34(3)3 and 27(1)2 of the Music Industry Promotion Act (the point of business in violation of the order of business suspension), Articles 34(4) and 22(2) of the Music Industry Promotion Act (the point of business in violation of the order of business suspension), and Article 34(4) and 22(2) of the Act on the Promotion of Music Industry (the point of business of arranging entertainment receptions), Defendant A who has selected each fine: Articles 34(4) and 22(2) of the Music Industry Promotion Act; the selection of fines;

1. Defendant A to be suspended of sentence: Fine of 500,000 won;