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(영문) 서울동부지방법원 2014.12.19 2014고정2084
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who uses the trade name “C” on the first floor of Songpa-gu Seoul Metropolitan Government and operates a singing practice room without registration.

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 may not sell or provide

Nevertheless, on September 25, 2014, the Defendant did not register a singing practice room business with the competent authority, and installed a video reflectr device, microphone, etc. in five rooms in the above “C” on September 20, 2014, and found it as the above business establishment, collected KRW 25,000 per hour facility usage fee from four customers D, etc., and sold to the said customers a total of KRW 24,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Control note;

1. Application of statutes on site photographs;

1. Article 34 (3) 1 and Article 18 (1) of the Music Industry Promotion Act (a point of a unregistered business), Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (a point of a supply of alcoholic beverages), the selection of a fine for a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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