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(영문) 수원지방법원 2018.11.27 2018고단5102

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

The evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

【Criminal Force” On February 5, 2015, the Defendant was sentenced to two months of imprisonment for fraud, etc. at the Seoul Western District Court and six months of imprisonment, and was paroled on June 30, 2015 during the execution of the sentence at the Seoul Southern District Court on June 30, 2015 and the parole period expired on July 12, 2015.

On the other hand, on December 14, 2017, the Defendant was charged with the acquisition of stolen goods with the Seoul Western District Court and is currently pending trial.

[Criminal Facts]

1. Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

A. On April 21, 2018, the Defendant, along with V, expressed his intent to purchase a penphone from the MIDX seller (WIDX, Y’s name “Y”).

At around 00:09 on April 21, 2018, the Defendant, along with V, decided to contact the above name in the vicinity of the AAA convenience store located in Seodaemun-gu Seoul Metropolitan Government, and to purchase the penphone. The Defendant, using the automatic cash withdrawal machine located in the above convenience store, transferred the price of 300,000 won to the AC bank account (Account Number: AD) in the name of AB designated by the above person without the name.

After that, the Defendant purchased philophones by finding about 0.5g philophones which were hidden in advance at a building located in Yongsan-gu Seoul, Yongsan-gu, Seoul, along with V around the same day.

Accordingly, the Defendant conspiredd with V to sell and purchase phiphones.

2) On April 30, 2018, the Defendant, along with AE, expressed that he/she would purchase phiphones from the nameless phi-phone sellers (WID “X,” Y) using W.

In accordance with the foregoing mother, the Defendant, around April 30, 2018, at around 01:37, with AE and around 201:37, to contact the above person with W in the vicinity of the AG convenience store located in Gangnam-gu Seoul Metropolitan Government, and to purchase phiphones.