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(영문) 수원지방법원 여주지원 2016.08.23 2016고정183

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 11, 2013, the Defendant, who operated a non-registered singing practice room, was subject to several times of crackdowns on the charge of selling alcoholic beverages, etc., and reported the production of music video products at the same place as “D” at the same time on June 13, 2013.

The Defendant did not register a singing practice hall with the competent authority, and operated a singing practice hall by having an unspecified number of customers, who had installed a video reflectr device in D from June 13, 2013 to March 30, 2016, and found the above business place, receive 20,000 won per hour from the general public.

2. On March 30, 2016, around 20:00, the Defendant received 28,000 won from two customers E, etc. who visited the said establishment from “D,” and sold 5 cans per week 2 sick and beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Application of statutes on business registration certificates;

1. Relevant Article of the Act on the Promotion of Music Industry, Article 34(3)1 of the Act on the Promotion of Music Industry, Article 18(1) (a) of the same Act on the Promotion of Music Industry, Article 34(3)2 of the Music Industry Promotion Act, and Article 22(1)3 (a) of the same Act on the Promotion of Music Industry, and selection of fines for each crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;