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

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

Punishment of the crime

The defendant is a person who operates D in Socheon-si C.

A person who intends to run a singing practice room business has registered with the competent authority, but the defendant filed a report on the viewing of the above business establishment to the potent (music record and music video product) with him/her, and around March 20, 2013, to customers found in D operated by the defendant, on or around March 20, 2013, he/she sold one disease (five thousand won) and one can (3,000 won) of the CAS beer, and then operated a singing practice room business without permission by getting customers sing and imposing a charge on a part-time unit on customers at the pre-established singing practice room.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A E-document;

1. Application of Acts and subordinate statutes on internal investigation reports (DVD verification);

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. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his defense counsel asserted that since they did not operate a singing practice room, they do not constitute a violation of the Music Industry Promotion Act.

2. The court below held that even though the defendant had a sound and visual recording facility which cannot be seen as a common singing practice room, and the defendant produced a singing form as a video product and made it in his trade name, and completed the business registration by using a "music image and sound recording room" as a "music image or sound recording room", the substantial substance of the business is "business of providing music to the public with facilities such as a video or non-cinematographic reflectr device, etc. which makes it possible to sing to sing without a musical performer," and thus, the defendant's and his defense counsel's assertion is not accepted.