The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant engaged in the production of music records and music video works, but did not engage in the singing practice room business (misunderstanding of the legal principles); and (b) the Defendant installed a facility capable of producing images at the singing room of this case; (c) the Defendant believed and operated a business upon completion of the report on the production of music records and music video works; and thus, the Defendant’s illegality is excluded due to legal mistake under Article 16 of the Criminal Act (legal error); (d) the Defendant’s punishment against the Defendant (an amount of KRW 3 million) is too unreasonable (unlawful in sentencing).

A. Article 2 subparag. 13 of the Music Industry Promotion Act provides that “a music practice room business” refers to a business that provides the public with the facilities, such as video or non-recording devices, which enable the public to singing in line with the musical instruments without any musical instruments, and provides them for public use. This refers to the actual operation of a business falling under the foregoing provision without asking whether or not a business license has been granted or a report has been filed, as prescribed by an individual law.

Therefore, even if a person is equipped with the production facility that cannot be seen in a general singing practice place and provides customers who wish to produce video works, or reports it by producing sound records and music video works, if the actual contents of the business are equipped with the facilities such as video or without images to provide singing in line with the musical instruments without the musical instruments and receives entrance fees or facility usage fees, the person who conducts the business as an "sing practice place business" under the above provision is subject to the regulation under Article 18 (1) of the same Act (see Supreme Court Decision 98Do1128, Jul. 10, 1998). (b) The following circumstances revealed by each evidence duly adopted and investigated by the court below, namely, ① the production room of the instant musical works is divided into several parts, and each customer is per the musical instruments.