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(영문) 수원지방법원 안산지원 2019.06.26 2019고단729

마약류관리에관한법률위반(향정)등

Text

Defendant

A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by imprisonment with prison labor of one year and four months.

Defendant 1-9 of seized evidence.

Reasons

Punishment of the crime

Defendant

B On December 8, 2017, the Seoul High Court sentenced 3 years of suspended sentence to the violation of the Act on the Control of Narcotics, Etc. (fence) at the Seoul High Court, which became final and conclusive on February 1, 2018.

The Defendants did not deal with the psychotropic drugs, but purchased, administered, or possessed the philophones as follows, even though they did not deal with the psychotropic drugs (i.e., a single philophone; hereinafter “philophones”).

1. Defendants’ joint criminal conduct

A. On October 22, 2018, the Defendants conspired to purchase philophones from C around October 22, 2018, and received the account number from Defendant B to transfer philophones in contact with Defendant C, and then remitted KRW 2,50,000,00 to the account under the name of Yeonsu-gu Incheon Metropolitan City (E) from around 02:41 to 02:44 on the same day.

Since then, at around 04:00 on the same day, the Defendants arrived at the entrance of the Southern G Apartment, a residence of Defendant A, at around 04:0, on the same day, with the said G apartmentH, Defendant B, as the above G apartmentH, at which Defendant C resides, received approximately 5 g of philophonephones contained in vinyl C in vinyl C.

Accordingly, the Defendants conspired to purchase philophones.

B. On November 24, 2018, the Defendants conspired to purchase phiphones from C around November 23, 2018, and received the account number from Defendant B to transfer phiphones in contact with Defendant C, and then remitted KRW 2 million in total to the account in the name of Yeonsu-gu Incheon Metropolitan City (E) from around 23:17 to 23:24 on the same day.

On November 24, 2018, the Defendants: (a) arrived at the entrance of the G apartment at the Namyang-si, the residence of Defendant A, at around 01:00, 01:00; (b) Defendant B, as the above G apartment H, at which Defendant C resides, approximately five g of the phiphones contained in vinyl plos in vinyl C.

In this respect.