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(영문) 대전지방법원 2014.01.17 2013고정2052
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 8, 2013, around 00:30, the Defendant operated a singing practice room without registering with the head of the competent Gu from August 14, 2013 to September 8, 2013, as well as from around 00:30 to September 8, 2013, the Defendant collected KRW 50,000 per hour from “D” to be a customer.

Summary of Evidence

1. Partial statement of the defendant;

1. Ethical letters;

1. Application of Acts and subordinate statutes on the control of public morals and business offices;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion that the defendant reported the production of music records or music video products in accordance with Article 16 of the Music Industry Promotion Act, and lawfully conducted the production of music records or music video products, and did not operate a singing practice room.

2. Article 2 subparag. 13 of the Music Industry Promotion Act provides that "singing room business" refers to a business that provides public access with and produces music records, music files, music video products, and music video files with a view to singing in line with the musical instruments without a musical performer." Article 2 subparag. 8 of the same Act provides that "sing and producing music-video manufacturing business" refers to a business that plans, produces, or reproduces music records, music files, music video products, and music video files. In full view of the provisions of Article 16 subparag. 5 and 6 of the same Act and Article 7 of the Enforcement Decree of the same Act, a music record and music-video manufacturing business that needs to be reported shall be construed as "a business that plans, produces, or produces music records or music-video products for the purpose of offering them for distribution or viewing."

(a) any establishment.

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