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(영문) 서울동부지방법원 2021.02.03 2020고단3935
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an owner of “Creing practice hall” in Songpa-gu Seoul Metropolitan Government (one story underground).

1. Any person who intends to run a singing practice place business without registration shall be equipped with facilities for singing practice place prescribed by Ordinance of the Ministry of Information and Communication for cultural sports and shall register with the Special Self-Governing City Mayor, the Special Self-Governing Province branch office, the Special Self-Governing Province,

Nevertheless, at around 21:00 on October 20, 2020, the Defendant registered a business operator with a video production room without registering with the competent authority, and then operated a singing practice room business by providing seven rooms with a device that reflects the images of the singing practice room and allowing many and unspecified customers to receive 30,000 won per hour, etc.

2. A person who operates a singing practice room business for alcoholic beverages shall not sell or provide alcoholic beverages;

Nevertheless, the Defendant provided alcoholic beverages to the customers by guiding 7 male customers to the 7 heading room at the time and place of paragraph 1, selling 10 sick workers and 80,000 won a day-to-day alcoholic beverage.

3. No person who operates a singing practice place business shall employ any entertainment loan, arrange any person to provide such service, or provide any entertainment service;

Nevertheless, the Defendant received 35,00 won per hour from two male customers on the date, time, and place of Paragraph 1, and arranged a contact loan by allowing them to drink with entertainment and singing together with entertainment customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 34(3)1, Article 18(1)2, and Article 22(1)3 (a) of the Music Industry Promotion Act on criminal facts, as well as Article 34(3)1, Article 34(3)2, and Article 22(1)3 of the same Act on the Promotion of Music Industry.

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