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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Any person who intends to operate a singing practice room business shall be equipped with a facility for singing practice prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and registered with the competent administrative agency.
However, the Defendant, without registering with the competent authority from August 27, 2015 to around 00:25 of the same month, made seven rooms with the trade name of “E” from around 50 Cheongju-si’s petition D from around 29, 2015 to around 00:25 of the same month, installed a singing room on each room, and made an unspecified customer, such as F, etc., who has discovered the place, talks, and received KRW 20,00 per hour as a fee for the use of the singing practice place.
Accordingly, the defendant did not register with the competent authorities, and run a singing practice room business.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and F;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Part of the public prosecutor's statement protocol concerning F;
1. On-site photographs [Judgment of the defense counsel] The defense counsel argues that the defendant did not engage in a music practice place business without registration with the competent authority, but only reported to the competent authority and engaged in the production of music video works. Thus, the issue of which business establishment is a production of music video works or a singing practice place shall be determined on the basis of the type of the act, and on the basis of the substance of the business, such as whether the principal business interest arises in the cost of providing a service. The following circumstances revealed by the evidence revealed by the above evidence, the defendant reported the "production of music video works" to customers, but he produced and provided music video works, etc. to customers.
Although there is no evidence to see, the defendant is denied during the period of time, there is a strong doubt that customers using the business place have not sold alcoholic beverages, and customers using the defendant's business place at the time of the crackdown are ordinary.