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(영문) 서울서부지방법원 2014.09.16 2014고단1733
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

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 registered with the competent authority;

Nevertheless, the Defendant equipped with the singing practice room facilities, such as music video reflector and sound facilities, and operated the “C” located in Yongsan-gu Seoul Metropolitan Government around March 31, 2014 and April 22:00 on April 19, 2014, and allowed customers to use the said facilities after receiving KRW 20,000 from the customers.

After all, the Defendant run a singing practice room business without registering the business.

2. The criminal facts regarding the offering of entertainment are that no person acts as a broker for a commercial purpose with a customer, or acts as a broker for entertainment with a customer by singing or dancing. On March 31, 2014, the Defendant agreed that “C” in Yongsan-gu Seoul Metropolitan Government, “C” shall receive KRW 25,000 per hour from the customer, and that he/she drinks with the customer, or provided the customer with a dance or dance.

Accordingly, the defendant assisted the entertainment activities.

3. Every karaoke machine business operator shall be prohibited from selling or offering alcoholic beverages;

Nevertheless, the Defendant was a singing practice room business operator running a singing practice room in Yongsan-gu Seoul Metropolitan Government, and around April 19, 2014, at around 22:00, the Defendant sold 3 cans for beer and 9,000 won in total to six customers I et al. at the place of the above paragraph (a).

Accordingly, the Defendant sold alcoholic beverages as a singing practice room business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D, E, F, G, and H;

1. A written statement of I;

1. Report on detection, business registration certificate, notification of results of the control of business places, application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry and Selection of Punishment for Criminal Facts;

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