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(영문) 서울북부지방법원 2013.09.26 2013고정1983
음악산업진흥에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who runs a singing practice room business with a trade name C.

Any person who intends to run a singing practice room business shall complete registration with the head of Si/Gun/Gu having facilities for singing practice room business.

Nevertheless, the Defendant did not register with the competent authority, and around May 2, 2013, at around 21:30, operated a singing practice room business, such as providing an unspecified number of customers with facilities, such as video reflectrs, etc., in the trade name of C, from Dobong-gu Seoul Metropolitan Government D underground.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding E;

1. Application of F’s written Acts and subordinate statutes;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion as to the provisional payment order under Article 334 (1) of the Criminal Procedure Act asserts that the defendant only engaged in a music record and music video production business and does not run a singing practice room business.

The issue of whether a certain establishment is a music record or music video production establishment is a music record or music video production establishment shall be determined based on the type of business among the music record or music video production business as defined in Article 2 subparagraph 8 of the Music Industry Promotion Act and the type of business among the singing practice room business as defined in subparagraph 13 of the same Article, and the substance of business such as the type of business generated from the cost of providing any service. According to the above evidence, the defendant's above assertion is rejected, since it is recognized that the above business establishment actually runs a singing practice room business.

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