beta
(영문) 수원지방법원 2019.02.12 2019고단94

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

1,150,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on October 19, 2017, which became final and conclusive on May 24, 2018.

【Criminal Facts, despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

1. On September 17, 2018, the Defendant: (a) transferred the price of KRW 400,000 to the C bank account (Account Number: G) in the name of the F designated by the C bank seller (D.) in accordance with the C Bank Permission Points (D.) located in the wife population B, not only around 20:41, Sept. 17, 2018; (b) around that time, the Defendant purchased and sold the phiphone by means of finding approximately 0.5g of the phiphone, which was concealed in advance by the winners of the phiphone in the outside of the building located in a non-permanent location of Yongsan-dong, Yongsan-gu, Seoul.

2. Trading and administration of philophones on December 1, 2018.

A. On December 1, 2018, at around 00:40, the Defendant: (a) transferred 7.50,000 won in a bank account (personal account number: L) in the name of K designated by the person who sells his/her own gramphone at the Dong I Bank East-gu Seoul, Dong I Bank’s East-gu branch; and (b) purchased and sold a gramphone by finding approximately 1g of the gramphone, which the person who was unaware of his/her name was hidden in advance, from the first floor of the building in Gangnam-gu Seoul, at around that time.

B. At around 03:00 on December 1, 2018, the Defendant administered opphones by inserting approximately 0.3g of opphones on a gambling place from the mutual influence in the wife population Kim Famba-dong, and heating the smoke to inhale it.

Summary of Evidence

1. Defendant's legal statement;

1. F Trades of G account in the name of CJ ( January 1, 18 to January 1, 11)

1. Data on personal information replies by financial institutions;

1. Data from analysis of CCTV images of financial institutions;

1. Investigation Report - The result of the cell phone search using the accused (D photographic data) and the accused.