The defendant's appeal is dismissed.

1. The gist of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is that the Defendant had a device capable of planning and producing music records and music video products and engaged in the production of music records and music video products in the trade name of “E”, but did not engage in a singing practice room business.

In addition, the defendant was consulted by L Co., Ltd. that it would be adequate to report the production of music records and music video works, and purchased equipment from the above company and operated the musical bank of this case, so there was no intention to operate the musical practice center.

Nevertheless, the defendant operated a non-registered singing practice hall.

The judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

2. Determination

A. The summary of the facts charged in the instant case is a person running E on the D2nd floor in Gwangju City.

A person who intends to operate a singing practice place business shall be equipped with facilities for singing practice prescribed by Ordinance of the Ministry of Culture and Tourism and shall register with the head of a Si/Gun/Gu.

Nevertheless, on August 27, 2016, the Defendant reported the production of music records and music video works to the competent authorities without filing a singing registration, and made 12 rooms in the area of 100 square meters in the above place on August 27, 2016, and installed video or reflective instruments in each room, and operated singing business by receiving usage fees of 39,000 won per hour and 30 percent from two customers G.

B. The term "singing practice room business" refers to the business of planning, producing, or reproducing music records, music files, music video files, or music video files (hereinafter referred to as "musics, etc.") with the facilities such as video or non-recording devices, etc., which enable people to sing in line with the musical instruments without any musical instruments, and which are provided for public use (Article 2 subparagraph 13 of the Music Industry Promotion Act (hereinafter referred to as the "Ming Industry Promotion Act").