A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

When the Defendant, as a karaoke machine business operator running a singing practice room B in the Guri-si, was unable to engage in the same kind of business for one year from the cancellation of registration from the Kuri-si market on April 11, 2012, the Defendant reported the trade name of the said singing practice room to “C” and received a certificate of report around April 23, 2012 by reporting it to the Guri-si Mayor to the effect that the said singing practice room is being changed to “C” and that the music record and music video production was conducted. The Defendant installed a singing practice room in the above “C” from April 23, 2012 to September 11, 2012, installed a singing practice room with an unspecified number of customers, and operated a singing practice room business without registering it with the competent authority by means of receiving KRW 25,00 per head of the video CD by recording it.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. A report on the control of a business place;

1. On-site photographs;

1. Business registration certificate or a certificate of reporting production of music records and music video products;

1. The expression of the result of the administrative disposition taken against the business entity violating the Music Industry Promotion Act;

1. Application of the Acts and subordinate statutes of card sales slips;

1. Article 34 (3) 1 of the Music Industry Promotion Act and Articles 18 (1) of the same Act concerning facts constituting an offense;

1. The defendant and his defense counsel asserted that Article 62(1) of the Criminal Act on the suspension of execution (which means that the defendant and his defense counsel did not operate a singing practice room, but merely run a music video production room, which is subject to reporting under Article 16 of the Music Industry Promotion Act, does not operate a singing practice room.

Article 2 subparagraph 13 of the Music Industry Promotion Act provides that "singing practice room business" means a video or non-cinematographic reflectr device, etc. that allows singing in line with the musical instruments without employing any musical instruments.