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(영문) 서울중앙지방법원 2019.10.31 2019고단5130
음악산업진흥에관한법률위반
Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “C” in Seoul Special Metropolitan City, Gwanak-gu.

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, without registering a singing practice room business with the competent authority from May 23, 2019 to June 24, 2019, operated a non-registered singing practice room business by providing the said room to the customers who want to find out the said room with the facilities, such as a reflectr, etc., in the said singing practice room from May 23, 2019 to June 24, 2019.

2. Any karaoke machine business operator who sells or offers any alcoholic beverage shall be prohibited from selling or offering any alcoholic beverage;

Nevertheless, at around 02:30 on June 24, 2019, the Defendant sold and supplied three customers, such as D, with alcoholic beverages equivalent to KRW 28,00,00 in total, such as 6 cans for beer, 1 disease, etc.

3. Any karaoke machine business operator shall be prohibited from employing or mediating a vaccination loan, or engaging in entertainment activities; and

Nevertheless, at around 02:30 on June 24, 2019, the Defendant received the demand from D to receive the demand from 35,000 won, and arranged for a entertainment loan by allowing Does E to drink with D, etc., after having received 35,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. A written statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry and Article 18 (1) of the Music Industry (a point of operation of a singing practice room without registration), Article 34 (3) 2 of the Music Industry Promotion Act (a point of sale in a singing practice room) and Article 22 (1) 3 of the Music Industry Promotion Act (a point of sale in a singing practice room), and Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act are inside a singing practice room.

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