Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

Any person who intends to engage in a singing practice room business shall be equipped with a facility for singing practice and shall register with the competent authority.

Nevertheless, the Defendant, in collusion with C, did not register with the competent authority, and operated a singing practice room business from around May 22, 2015 to around 23:2, 2015, with the trade name “E” located in Namyang-si, with the size of about 100 square meters equipped with video reflective facilities, etc., and received KRW 20,000 per hour from F, a customer, at around May 22, 2015, and operated a singing practice room business from around 01:18 to May 28, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. A written statement;

1. A written accusation;

1. Investigation reports (A’s review reports related to operation of the A singing practice hall); and

1. Article 34 (3) 1 of the Music Industry Promotion Act and Article 18 (1) of the same Act concerning facts constituting an offense, and Articles 34 (3) 1 and 18 of the same Act concerning the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel reported the production of music records and music video works to the defendant, so the defendant's act of this case does not constitute a violation of the Music Industry Promotion Act since the defendant engaged in the production of music records and music video works.

The argument is asserted.

2. Comprehensively taking account of the business contents and form of “E” and the reporting process of the production of music records and music video works, etc., which can be seen by the evidence revealed prior to the determination, the Defendant, even though, if a customer wishes, he/she produced and provided music records, etc. by recording or video recording his/her singing, but not so, he/she appears to have provided music to the public with the facilities enabling the customer to singing in line with his/her musical instruments without any musical instruments, and thus, he/she engaged in the music practice place business under Article 2 subparag. 13 of the Music Industry Promotion Act.

The defendant is judged, and the character of the customer is a video work.