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(영문) 서울남부지방법원 2013.07.26 2013고정2004
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Any person who intends to run a singing practice room business without registration shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of the competent Si/Gun/Gu

Nevertheless, the Defendant, without being registered with the head of Yeongdeungpo-gu Office from December 15, 2012 to December 26, 2012, 2012, with the trade name of “C” from B-2 of Yeongdeungpo-gu Seoul Metropolitan Government, made six rooms in the size of approximately 95 square meters, and installed a singing room and operated a singing room business with 20,000 won per hour for customers visiting each room.

Accordingly, the Defendant operated a non-registered singing practice room.

2. Any person who has breached his/her obligations as a karaoke machine business operator shall be prohibited from selling or offering alcoholic beverages at the relevant place of business.

Nevertheless, around December 26, 2012, the Defendant received 32,000 won from 5 guest rooms, including D, and sold three cans, three beer, and one drinking water.

Accordingly, the Defendant violated the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of any business establishment violating the Music Industry Promotion Act;

1. Control note;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The first point in its ruling: Articles 34 (3) 1 and 18 (1) of the Music Industry Promotion Act;

(b) Point 2 of holding: Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (Selection of Fines);

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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