(a) Violation of the Act on the Control of Narcotics;

(b) Violation of the Narcotics Control Act;

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

The defendant shall be subject to probation for two years and shall be ordered to take a 40-hour pharmacologic treatment course.

24,400,000 won shall be additionally collected from the defendant.

To order the defendant to pay an amount equivalent to the above additional collection charge.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant handled the psychotropic drugs-related Megatopists (hereinafter referred to as "philophones") and marijuana as follows:

"2017 Highly 887"

1. Sale of marijuana;

around 01:30 to 02:00 on November 2, 2016, the Defendant sold 2g of marijuana to D in cash from the Defendant’s vehicle parked on the alleyway near Gangnam-gu Seoul Metropolitan Government Office Officetel at KRW 400,000.

2. Purchasing phiphones;

On December 30, 2016, around 00:40, the Defendant transferred KRW 6 million from the new bank account under the name of the Defendant to the bank account in the name of E designated by D, and purchased 20 g of opphones from D.

"2017 Highly 919"

1. Sale of philophones;

On January 2017, the Defendant sold 100,000,000,000,000,000,000,000,000,000 won in cash, which was parked in the underground parking lot of the building of Yeonsu-gu Incheon Metropolitan City.

2. Purchasing phiphones;

The defendant, together with G, conspired with G to purchase phiphones in a way of receiving phiphones in cash at a place notified by the seller in contact with the sales shop of phiphones using 'H' hosting apps.

A. On March 2017, the Defendant, following the above public invitation, posted a cash of KRW 1 million under the mutual drums located near the Nam-gu Incheon Metropolitan City J, as the said sales was known to the Defendant, and around 22:00 on the same day, the Defendant received approximately KRW 1 g of phiphonephones under the stairs at the entrance of the Nam-gu Incheon Metropolitan City K Housing at around 22:0 on the same day.

B. On March 22, 2017, the Defendant: (a) around 22:00 on the lower order of March 22, 2017; (b) on the part of the Defendant’s vehicle with a house near Ma elementary school L in Nam-gu Incheon Metropolitan City, the Defendant: (c) parked the said sales shop; (d) on the part of the Defendant’s vehicle with a cash of KRW 1 million; and (d) 1g of

C. On April 2017, the Defendant, in accordance with the foregoing public invitation, opened the terms and conditions of the transaction by hosting the above sales shop and setting it, and around the same day, he moved to G along with G at a container near the P in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu. After that day, G included one million won in cash under container, and received approximately 0.7 g of phiphonephones at that place.

D. Around April 2017, the Defendant: (a) posted a cash of KRW 10 million on the main complex building box 201; and (b) received approximately 30 g of phiphones by mail on the same building No. 401; and (c) received approximately 30 g of phiphones.

Accordingly, the Defendant conspiredd with G to purchase 4 philophones.

3. Medication of phiphones.

A. On March 23, 2017, around 23:00, the Defendant injected the instant delay with G, by inserting approximately 0.1g of the penphonephone, purchased as described in paragraph 2, in a pipe, in a protruding-ro vehicle parked in the underground parking lot of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon.

B. At around 23:00, the Defendant, on March 2017, placed approximately 0.1g of philophonephones purchased, as described in paragraph 2(b), in a nben vehicle parked in the above parking lot, into a glass pipe, and inhaled them with G by attaching a bubro, which was cut off.

C. From April 2017 to April 01, 2017, the Defendant injected approximately 0.1g of philophones purchased, as described in paragraph (d) of the preceding paragraph, at the same place as that described in paragraph (2) at the same time as that set forth in paragraph (d) of the preceding paragraph with G, and attaching a buster to it.

Accordingly, the defendant administered philophones in common with G three times.

Summary of Evidence

"2017 Highly 887"

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and D;

1. Each investigation report (Evidence No. 18,20), each customer information data, each transaction data, each transaction data, Q’s account transaction statement, mobile phone call details (on November 2, 2016), Internet guidance, and "2017 Highis9";

1. Defendant's legal statement;

1. Copy of the suspect examination protocol concerning G by the prosecution;

1. A copy of the third protocol of interrogation of the police officer concerning G;

1. Investigation reports (specific circumstances, etc. of the A), printing photographs, investigation reports (investigation of suspect telephone details), investigation reports (subject to criminal investigation meetings) (subject to criminal investigation reports);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 59(1)7 and 3 subparag. 9 (the point of sale of marijuana) of the former Narcotics Control Act (Amended by Act No. 14019, Feb. 3, 2016); Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of sale of a penphone and purchase of a penphone on December 30, 2016) of the Narcotics Control Act; Articles 60(1)2, and 4(1)1, and 2 subparag. 3(b) of the Criminal Act; Article 30 (the purchase of a cellphone other than a cellphone and December 30, 2016; the choice of imprisonment) of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes as prescribed by the Act on the Control of Narcotics, etc. with the most severe punishment)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account favorable circumstances among the following reasons for sentencing):

1. Orders for probation or education;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act

* The basis for the calculation of the amount to be collected: 24,40,000 won (=40,000 won for marijuana sold as stated in paragraph (1) of the crime of the case in 2017Dahap887 + KRW 6,00,000 for penphones purchased as stated in paragraph (2) of the crime of the case in 2017Dahap887 + KRW 5,000,000 for penphones sold as stated in paragraph (1) of the crime of the case in 2017Gahap919 + + KRW 13,00,000,000 for total of the purchase price for penphones purchased as stated in paragraph (2) of the crime of the case in 2017Gahap919 + KRW 1,000,000 + KRW 1,000,0000 + KRW 1,000,0000 + KRW 10,000)]

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by law;

Imprisonment with labor for not less than one year nor more than 45 years;

2. Scope of recommendations according to the sentencing criteria;

Second Crimes

【Scope of Recommendation】

Type 2 (mariju, native item (b) and (c), etc.) of Act on Trade Mediation, Etc. (1 to 2 years)

【Special Convicted Person】

Second Crimes

【Scope of Recommendation】

Type 2 (mariju, native item (b) and (c), etc.) of Act on Trade Mediation, Etc. (1 to 2 years)

【Special Convicted Person】

Type 3 Crimes

【Scope of Recommendation】

Type 2 (marijuth, flagb, item (b) and (c), etc.) of Basic Area (1-2 years);

【Special Convicted Person】

* The scope of final sentence due to the aggravation of multiple offenses: one year to three years;

3. Determination of sentence;

[Unfavorable Circumstances] Crimes related to narcotics are not easy to detect due to their characteristics, and there is a high risk of recidivism, and there is a negative impact on society as a whole due to the crypability, toxicity, etc. A short period of time on the part of the defendant. The crime of this case in which the defendant purchases philophones over five times during a short period of time, and sells philophones and marijuana on one occasion is heavy in light of the frequency of the crime, the quantity of philophones traded, etc.

[G] The Defendant led the Defendant to commit a crime from the investigative agency to this court. The Defendant did not have the same criminal record. In collusion with G, most of the purchase price for the penphones purchased was borne by G, and substantial part of the purchased penphones were reverted to G.

In addition, the fact that the purchaser under paragraph (1) of the criminal facts of the 2017 Gohap919 case was sentenced to two years and six months of imprisonment, and four years of suspension of execution, including the same criminal facts, to G who is an accomplice under paragraphs (2) and (3), six years of imprisonment, and two years of suspension of execution) and the defendant's age, character and conduct, environment, circumstances of this case, means and results, and all of the sentencing conditions shown in the records and arguments of this case, including the circumstances after the crime, shall be determined as ordered by the order.

Judges Lee Jae-py

Power of Judge

2) Seoul Central District Court Decision 2017 Godan568 decided September 28, 2017