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(영문) 부산지방법원 2018.04.24 2018고정208
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall with the trade name "C" in Suwon-gu B.

1. A person who intends to operate a singing practice place business shall be equipped with facilities for singing practice, which are prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and shall register with the competent authority;

Nevertheless, from April 13, 2017 to September 5, 2017, the Defendant, without registering the business of singing practice place with the competent authorities. The Defendant, at the above place, installed four rooms in the area of about 30 square meters, equipped with singing practice facilities, such as singing machines, and operated a singing practice place business by having customers sing down with only KRW 10,00 per hour with the fee collected from customers for music practice at the rate of KRW 10,00 per hour.

2. No sales singing practice room business operator shall sell alcoholic beverages at his/her establishment;

Nevertheless, around September 21, 2017, the Defendant violated the code of practice of singing practice providers by selling 10 to customers with 10 to 40,000 to 10 to 10 to 30,000 to 40,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article 34(3)1, and Article 18(1) (excluding penalty) of the Music Industry Promotion Act - Articles 34(3)2 and 22(1)3 (excluding penalty) of the Music Industry Promotion Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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