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(영문) 의정부지방법원 2016.08.25 2016고정1292
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to operate a singing practice place business without registration shall be equipped with a facility for the singing practice place prescribed by Ordinance of the Ministry of Information and Communication for cultural sports and shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant did not register with the competent authority on December 17, 2015, and installed a singing practice room in “D” located in Spocheon-si, Ma on eight occasions, and received KRW 25,000 per hour from customers who found the place and operated a singing practice room.

2. No singing practice room business operator shall drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or hire or arrange any loan to provide other persons with entertainment services;

Nevertheless, the Defendant received KRW 25,00 from the customers who had been located at the time and place specified in paragraph (1) and had one female infinite name, who had been singing insing with the customers, encourage them to provide entertainment to them by singing or dancing while drinking together with the said customers, and assisted them to provide entertainment services for profit.

3. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, the Defendant received 8,00 won from customers who had been located at the time and place specified in Paragraph 1, and sold 2 cans for beer.

Summary of Evidence

1. The defendant's legal statement (as at the second date);

1. E statements;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)1, 18(1) (a) of the Act on the Promotion of Music Industry, Articles 34(4)1 and 22(2) (a) of the Music Industry Promotion Act, Article 34(3)2 and 22(1)3 of the Music Industry Promotion Act on criminal facts, and each choice of fines;

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 (2) of the Criminal Act to attract a workhouse.

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