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(영문) 인천지방법원 2014.09.19 2013고정2278
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 11,00,000 and by a fine of KRW 2,00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[2013 High Court Decision 2278] Defendant A reported to the competent authority that Defendant A would operate a music record and music video production business under the trade name of “G” located underground in the Nam-gu Incheon Metropolitan City F, but its substance is a person who operates a singing practice room.

1. Any person who intends to operate a singing practice room business without registration shall be equipped with necessary facilities and shall register with the competent authority;

Nevertheless, on January 20, 2013, Defendant A did not register with the competent authority, provided a place to allow two customers with no name-based customers to sing and enjoy amusement. From the end of December 2012 to April 11, 2013, Defendant A run a singing practice room business against many unspecified customers.

2. The karaoke machine business operator who employs a entertainment loan shall not employ or arrange a entertainment loan, or have an entertainment business operator.

Nevertheless, at around 01:10 on January 20, 2013, Defendant A employed a entertainment loan by providing employees H and I with two male customers under the above paragraph (1) in the same place as the above paragraph (1).

Accordingly, Defendant A did not comply with the obligations of the karaoke machine business operator.

[2] Defendant A reported to the competent authority that he/she would operate a music record and music video production business under the trade name of “G” located underground in the Nam-gu Incheon Metropolitan City F, but its substance is a person who operates a singing practice room.

Any karaoke machine business operator shall be prohibited from employing any entertainment loan, assisting any person to do such act.

Nevertheless, Defendant A:

1. Of June 15, 2013, from 00:00 to 5 above “G”, an employee J employs a contact loan by allowing an employee J to drink with two male customers and singing singing together with the remaining male customers;

2. On June 23, 2013, around 02:30, an employee K provided a entertainment loan by allowing employees to drink with male customers and singing together with male customers.

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