The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds of appeal reveals that the Defendant reported the closure of a singing practice room, and “Dnono image production room” in his/her trade name, but the Defendant operated a singing practice room as in the previous case.

2. Determination

A. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the court below of fact-finding and the court below.

(1) On March 15, 2012, the Defendant registered in the first floor of the Gangnam-gu Seoul Northern District C, and operated “Ding practice room”, and filed a report on discontinuance of business on March 15, 2012.

(2) On March 16, 2012, the Defendant reported sound records and music video production works with the same place of business, and with the “Dno image production room” as the trade name, and had the existing room and music singing room installed with the video recording device installed in the singing room so that the Defendant could produce the images of customers singing with the singing machine.

(3) While running a singing practice room in the past, the Defendant was often involved in selling beer and so forth. However, the Defendant’s report to engage in a music record or music-video production business did not constitute an issue of selling alcoholic beverages, and then closed the singing practice room and run a music record or music-video production business.

(4) The Defendant, at a charge of KRW 20,00 per hour, produced a CD in which customers singing and singing with singing instruments.

B. (1) Determination (1) Article 2 subparag. 13 of the Music Industry Promotion Act provides that "singing room business refers to a business that provides the general public with facilities, such as a video or non-video reflectr device, which enables the public to singing in line with musical instruments without any musical instruments," and Article 2 subparag. 8 of the same Act provides that "a music record and music-video production business refers to a business that plans, produces, or copies music records, music files, music video products, and music video files." The contents of Article 16 subparag. 5 and 6 of the same Act and Article 17 of the Enforcement Decree of the same Act are as follows.