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A defendant shall be punished by imprisonment for four months.
However, the execution of punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On April 22, 2016, the Defendant was issued a summary order of a fine of three million won due to a violation of the Music Industry Promotion Act, and the Defendant had four previous criminal records for the same offense.
1. A person who intends to operate a singing practice place business without any registration shall be equipped with a facility for singing practice, as prescribed by Ordinance of the Ministry of Culture and Tourism, and shall register with the head of a Si/Gun/Gu;
Nevertheless, the Defendant did not register a singing practice room with the competent authority from May 2017 to June 8, 2017, and operated a singing practice room business with the trade name of “Csing practice room” on the Songpa-gu Seoul Metropolitan Government B and the second floor from around 60 square meters and seven rooms and singing machines.
2. A singing practice room business operator shall not sell or provide alcoholic beverages;
Nevertheless, at around 17:30 on June 8, 2017, the Defendant: (a) received 4,000 won per man with no name from 4,000 male customers; and (b) sold 20 bottles and 2 liquors, thereby violating the rules of practice by singing practice hall operators.
3. No music practice room business operator who arranges a loan for entertainment shall employ a loan for entertainment, arrange a loan for entertainment, or provide an entertainment service;
Nevertheless, at around 17:30 on June 8, 2017, the Defendant: (a) paid KRW 30,000 per hour to D, E, F, and G from “C Singing practice place” as stated in the above paragraph (1); (b) offered a loan to four male customers in non-name to dance and singing together; and (c) breached the obligation of the Sing practice provider.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning suspect interrogation of each police officer in D, E, F, and G;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 34 (2), (3) 1, and 2, Article 22 (1) 4, Article 18 (1), and Article 22 (1) 3 of the Music Industry Promotion Act (or each choice of imprisonment with labor);
1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. The Criminal Act, such as the observation of protection, etc.;