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(영문) 서울중앙지방법원 2017.06.30 2017고합373

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 4, 2016, the Defendant: (a) stated that “The Defendant would sell a phiphone from D located in China to buy it; (b) write the phiphone in a philogram; and (c) stated the addressee as E (the Defendant’s personal seal) in a disguised manner as if the philogram was shot and vinyl; and (d) said, C sent KRW 300,000,000 to a philophone account by ordering the philophone as expressed by the Defendant.”

Since March 2016, the Defendant received approximately 1.5-3 g opon, which was sent by international mail, while concealing the foregoing D in the copon at the dwelling of the Defendant F 101 of the Mansan-si, Ansan-si, 201.

Accordingly, the defendant imported philophones in collusion with C.

2. Sale and purchase of phiphones;

A. On January 2016, the Defendant: (a) received KRW 400,00 from C at the Defendant’s residence as indicated in paragraph (1) around January 2016; and (b) provided C with approximately 0.8g philopon in return.

Accordingly, the defendant purchased and sold philophones.

B. On March 2016, the Defendant: (a) received KRW 400,00 from C at the Defendant’s residence as indicated in paragraph (1) around March 2016; and (b) instead, C 0.8g of phiphones.

Accordingly, the defendant purchased and sold philophones.

(c)

On December 17, 2016, the Defendant: (a) received KRW 400,00 from C in the Defendant’s residence indicated in paragraph (1) around December 17, 2016; and (b) paid approximately 0.8g of philopon to C in return.

Accordingly, the defendant purchased and sold philophones.

(d)

On February 25, 2017, the Defendant: (a) received KRW 400,00 from C in the Defendant’s residence described in paragraph (1) around February 25, 2017; and (b) paid approximately 0.8g of philopon to C in return.

In this respect, the defendant philophones.