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(영문) 수원지방법원 성남지원 2017.06.09 2017고정293
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant shall be stated in the bill of indictment in Gwangju City, but shall be corrected as a clerical error.

D A person who operates E on the second floor.

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.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H in part;

1. 112 Reporting case handling table;

1. On-site photographs, the defendant and his defense counsel's assertion

1. The defendant and his defense counsel's assertion that the defendant and his defense counsel lawfully conducted the production of music records and music video works after completing a report on the production of music records and music video works in accordance with the Act on the Promotion of the Music Industry.

2. Determination

A. 1) The term “singing practice place business” refers to a business of planning, producing, or reproducing music records, music files, music video works, or music video files (hereinafter “musics, etc.”) (Article 2 subparag. 13 of the Music Industry Promotion Act (hereinafter “Ming Industry Promotion Act”)) with facilities, such as video or non-recording devices, which enable people to sing in line with musical instruments without musical instruments, and provides them for public use. The term “making business of music and music video products” refers to the business of planning, producing, or reproducing music records, music files, music video works, or music video files (hereinafter “musics, etc.”) (Article 2 subparag. 8 of the Music Industry Act). Whether a business establishment is a music practice place, such as music records, etc., is not determined according to what kind of business the Defendant reported.

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