마약류관리에관한법률위반(향정)
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is that the Defendant, even though not a person handling narcotics, was not a person handling narcotics, the Defendant promised to sell 0.7g of philopon in the amount of KRW 800,000 upon C’s request to request that the Melopon (the “Melopon”). On the same day, the Defendant traded Melopon by receiving KRW 800,000 from C to the agricultural bank account in the name of the Defendant.
2. As to the Defendant’s assertion, the Defendant received the remittance of the above KRW 800,00 from the above temporary border C, but the above money is not the sale price of philophones, but part of it is the repayment of the existing claim against C, and the remainder is paid with the repair cost for the business performed by C upon request of the Defendant prior to the above request of the Defendant. Therefore, the facts charged of the instant case cannot be recognized.
3. Determination
A. Even if the Defendant was paid the price upon the request of the person who intended to purchase the philophones, at the time the Defendant possessed or acquired the philophones.
Unless it is recognized that the defendant received the price under close close close to the possible trading act, such act can be seen as a preliminary act for the sale, and it cannot be said that the defendant's commencement of the execution of the act of trading philophones.
(See Supreme Court Decision 2008Do2392 Decided May 29, 2008, etc.). B.
Therefore, in full view of the witness C and D’s respective legal statements, regardless of the defendant’s appeal, it can be sufficiently recognized that C sent 80,000 won to the defendant around August 18, 2012, which C sent to the defendant for the purpose of c’s delivery of phiphonephones to the defendant.
C. However, even after examining the evidence duly adopted and examined by this Court, the Defendant had already possessed or obtained philophones at the time of receiving the above remittance.
(b) such transaction as may be conducted.