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(영문) 서울중앙지방법원 2020.10.22 2020고단5395

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2020, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on January 16, 202, and the above judgment became final and conclusive on February 24,

【Criminal Facts】

Even though the Defendant is not a person handling narcotics, the Defendant handled the psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”) as follows:

1. The Defendant decided to purchase the psychotropic drug 0.5g Mesopha (i.e., a single philopon; hereinafter “philopon”). On August 2, 2019, the Defendant: (a) deposited KRW 400,000 in the bank account (F) in the name of “E of the said seller,” which was known to the seller, and (b) did not incur the said Melopon because the said seller was issued the address where the Melopon was concealed from the said seller; and (c) intended to sell psychotropic drugs but attempted to sell psychotropic drugs.

2. On September 5, 2019, the Defendant decided to purchase 0.5 g of phiphones from the above seller, and deposited 450,000 won from the above D bank south main office from the above D bank, and issued the above seller’s address where phiphones were concealed, but did not cause the above phiphones, and thus, attempted to sell and sell psychotropic drugs, but failed to do so.

"200 Highest 5481"

1. On September 28, 2019, the Defendant had the intent to purchase approximately 0.5 g of opphones from the sales book of opphones known through the Internet. On September 28, 2019, the Defendant transferred KRW 350,000 to the Do bank account (Account Number F) in the name of E Co., Ltd., in which the said opphone sales book was known at the Dog Central Point of D bank located in Dongjak-gu Seoul, Seoul, and attempted to sell opphones because the address was concealed from the above sales book was transmitted, but the Defendant attempted to sell opphones because the opphones were not found, but attempted to sell opphones.

2. The Defendant: (a) Handphones from the sales book of the said phiphones.