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(영문) 인천지방법원 2018.11.30 2018고정2197
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall with the trade name of "D" from 202 of the Nam-gu Incheon Metropolitan City building C.

Any person who intends to run 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, the Defendant did not register with the competent authorities on July 19, 2018, and had approximately 79 square meters from D around July 19, 2018 and run a singing practice room business with 30,000 won per hour against many and unspecified persons.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. The defendant asserts that a criminal investigation report (including documents, etc. prepared at the time of the crackdown on internal investigation) includes documents, etc. (as to alcoholic beverages that the defendant states) (the defendant and his/her defense counsel argues that the defendant's conduct of the production of music records and music video works is not conducted in a singing practice room business.

Article 2 Subparag. 13 of the Music Industry Promotion Act provides that "singing practice room business" refers to a business that provides public with facilities, such as video or non-cinematographic anti-refluences, which allow people to sing in line with musical instruments without any musical instruments, and provides them for public use. This refers to a business that actually carries on a business falling under the foregoing provision without asking the existence or form of authorization, registration or report under individual Acts.

Therefore, even if a person is equipped with a production facility that cannot be seen in a general singing practice place and produced video works to customers who want to do so, or reported it as a production of music records or music video works, he/she shall be equipped with the facilities such as video or non-cinematographic reflectrs so that the actual contents of the business can sing in line with the musical instruments without the musical instruments and receive entrance fees or facility user fees.

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