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(영문) 서울중앙지방법원 2015.07.08 2015고단3160
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room on the first floor of Seocho-gu Seoul Metropolitan Government, with the trade name of “Csing room”.

1. Any person who intends to run a singing practice room business without registration shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without registering with the competent authority from June 26, 2013 to December 22, 2014, operated a singing practice room in seven guest rooms with the trade name of “Csing” on the first floor of the Seocho-gu Seoul Metropolitan Government B building from June 26, 2013, and operated a singing practice room for which KRW 20,000 per hour is charged from customers.

2. Any karaoke machine business operator shall be prohibited from selling alcoholic beverages;

Nevertheless, at around 22:40 on December 22, 2014, the Defendant sold alcoholic beverages (cars 4 disease) to three male customers at the “Csing room” located underground floor of Seocho-gu Seoul Metropolitan Government B building.

3. The karaoke machine business operator shall not arrange any employment for a entertainment loan; and

Nevertheless, the Defendant, at the date, time, and place of Paragraph 2, assisted D and E (F as stated in the indictment, appears to be a clerical error) to drink and sing together with the above customers and to attract entertainment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Some police suspect interrogation protocol for the accused and E;

1. Control note;

1. Application of statutes governing field control photographs;

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts and Articles 18 (1) (which has run a singing practice room business without registration) of the Act on the Promotion of Music Industry, Articles 34 (2) and 22 (1) 4 of the Act on the Promotion of Music Industry (which provides good offices for adjacent loans, selection of fines).

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