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(영문) 수원지방법원 2013.05.15 2013고정283
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

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 and register with the head of

From September 17, 2012, the Defendant had the head of the Suwon District Tax Office (registration number E) operate a place of business in the name of "D image planning business" for video, music, and music record production business from Suwon-si, Suwon-si from September 17, 2012. On October 21, 2012, the Defendant operated a singing practice room business without registration by running a singing practice room business with the name of "D image planning business" for video, music, and music record production business. On October 21, 2012, the Defendant operated a singing practice room business by running a singing practice room business with the amount of 20,000 won per hour to one customer to the

Summary of Evidence

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

1. A written statement;

1. Reporting on personal arrest and internal investigation of the suspect (general);

1. Card receipt and business registration certificate;

1. Application of statutes on site photographs;

1. Article 34 (3) 1 of the Music Industry Promotion Act and Articles 18 (1) of the same Act concerning criminal facts and the choice of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged business establishment of this case is a place where customers sell music in CDs, etc., and thus, it cannot be deemed that the Defendant engaged in a singing practice room business without registration.

2. Whether a business entity constitutes a music record or music video production facility or a singing practice room is a type of business, among music record or music video production business as defined in subparagraph 8 of Article 2 of the Music Industry Promotion Act and singing practice room business as defined in subparagraph 13 of Article 2 of the same Act, shall be determined on the basis of the substance of the same business as the cost of providing a certain service, and on the basis of the substance of the same business, it shall be determined at the request of customers.

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