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(영문) 의정부지방법원 2017.07.20 2016고정1990
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room business with the trade name of "D" in South Korea, South Korea.

A person who intends to operate a singing practice hall shall be equipped with the facilities for singing practice hall prescribed by Ordinance of the Ministry of Culture and Sports and shall register with the competent Mayor.

Nevertheless, from July 1, 2016 to July 22, 2016, the Defendant, without registering with the competent authorities, provided seven automatic anti-school facilities at approximately 45 square meters and operated a singing practice place business.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on internal investigation:

1. Application of statutes on site photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act concerning the costs of lawsuit

1. The gist of the assertion is that the Defendant: (a) reported the production of music records and music video works; (b) produced and provided video works to customers; and (c) operated a non-registered music practice room business on the ground that the business method overlaps with some music practice place business;

shall not be deemed to exist.

2. Determination as to which type of business is the production of sound records or music video works, or the business of singing practice should be made based on the substance of the business, such as whether the business form of a business operator is the production of sound records or music video works as defined in Article 2 subparag. 8 of the Music Industry Promotion Act, and the production of music practice as defined in Article 2 subparag. 13 of the same Act, and whether the principal business profit is the occurrence of any benefit in the provision of a service.

In addition, according to Article 2 subparagraph 8 of the Music Industry Promotion Act, production of music records and music video works means music records, music files, music video works, and music video works.

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