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(영문) 서울중앙지방법원 2013.08.28 2013고정813

음악산업진흥에관한법률위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to run a singing practice room business of 2013 High 813 shall be equipped with facilities for a singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and shall register with the competent authority.

Nevertheless, the Defendant, without registering from August 22, 2012 to November 21, 2012, had 8 guest rooms with the trade name “D” from the first floor of Seocho-gu Seoul Metropolitan Government Cbuilding, with 8 guest rooms, such as video reflected cycles, and operated a singing practice room business with many unspecified customers.

The Defendant, from August 22, 2012, 2012, runs a singing practice room without registration with the trade name of “Dinematographic Production Room” on the first floor of the Seocho-gu Seoul Metropolitan Government underground building from August 22, 2012.

On October 27, 2012, from around 22:00 to 24:00, the Defendant: (a) received a request from customers E and F to receive a letter of help; (b) provided that G and H serve 25,000 won per hour; (c) provided entertainment with the said E, etc.; and (d) provided entertainment services for profit by having them drink alcohol together with the said E, singing or dance.

Summary of Evidence

"2013 Highly 813"

1. Part of the prosecutor's protocol of examination of the defendant

1. Investigation reports (Attachment of photographs of business places) 2013, 1499;

1. Part of the police interrogation protocol of the defendant

1. Application of each police interrogation protocol to E, G, and H;

1. Article 34 (3) 1, Article 18 (1) of the Music Industry Promotion Act, Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines;

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

1. The defendant's assertion of the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Act are not running a singing practice room.