beta
(영문) 대구지방법원 서부지원 2018.05.16 2016고단981

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

A sum of 1.4 million won shall be collected from the defendant.

Reasons

Punishment of the crime

[criminal record] On February 5, 2013, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court, and the execution of the sentence was terminated at the Mapo Prison on June 10, 2014. On November 20, 2015, the Daegu District Court sentenced the Defendant to ten months of imprisonment for a violation of the Narcotics Control Act, and the said judgment became final and conclusive on April 8, 2016.

[2] A person who is not a handler of narcotics, etc., may not sell and purchase Mesphophones (one philopphone; hereinafter “philopphones”).

B On September 16, 2014, upon receipt of a request from C to request writingphones, intended to communicate with the Defendant, who is a book for drug sale in Daegu District, and to purchase approximately five grams of phiphones. On the same day, around 19:15, around C transferred KRW 1,350,000 from D’s bank account (Account Number: E) to D’s bank account, and then remitted KRW 50,000 to the Daegu Bank account (Account Number:F) in the name of the Defendant around 19:56 on the same day.

At around 20:03 on the same day, the Defendant withdrawn KRW 1,300,00,000, out of KRW 1,400,000, which was remitted by Category B from the same branch of the Daegu Bank in the Daegu-dong-gu, Daegu-dong-gu, Daegu-gu, and remitted KRW 1,300,000 to the Daegu Bank account (Account Number: I) in the H’s name designated by G, a book for the sale of narcotics in Daegu-gu area. On the same day, at around 22:40 on the same day, the Defendant purchased L, at the request of G, in a manner that subsequent to the above funeral signboard, brought about five grams of the mobile phone, containing five grams of the mobile phone.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Copy of each protocol concerning the examination of suspect B or C by the police;

1. Statement by each prosecutor's office with respect to G or L;

1. Details on the provision of financial transaction information, such as Korean banks, national banks, and Daegu banks;

1. A criminal investigation report (referring to specific accounts in the name of a suspect and analysis related to such accounts in the name of a suspect), and a criminal investigation report (calculated additional charges);

1. Previous conviction: A written reply to inquiries, such as criminal history;