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(영문) 서울중앙지방법원 2019.10.17 2019고단5198

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On October 23, 2014, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court, which became final and conclusive on October 29, 2014, but the said suspended sentence was revoked on April 16, 2016, and on October 18, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court’s original branch branch for Chuncheon District Court, which was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc. on January 20, 2018.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

1. From March 10, 2018 to March 11, 2018, the Defendant: (a) was urged to purchase a philophone with a firstman on March 10, 2018; and (b) the Defendant purchased approximately KRW 10 million in total as a fund for purchasing philophone from B around March 10, 2018 to around November, 2018; and (c) B purchased approximately KRW 25 g of philophone from E from E in the E’s residence near the Seoul Southern-gu Incheon Metropolitan Government D elementary school around that time to KRW 10 million.

Accordingly, the Defendant conspired with B to purchase philophones.

2. On April 18, 2018, the Defendant: (a) transferred KRW 200,000 from F to the G bank account in the name of the Defendant on April 18, 2018; (b) around that time, the Defendant sold KRW 0.2g of opon to F in the number BMW car operated by F in the name of the Defendant; and (c) around that time, the Defendant sold approximately KRW 0.2g of opon to F in the number BM car operated by F in the name of the Defendant.

3. On July 3, 2018, the Defendant: (a) received KRW 400,00 from the J around 12:12 on June 29, 2018 to the said G bank account; (b) then sent approximately 0.5g of opphones from L located in K on July 3, 2018 to high-speed bus freight; (c) around that time, the Defendant sold the opphones by allowing J to receive the said opphones from N in Seogu M in Daegu-gu.

4. Around August 17, 2018, the Defendant, who sold phiphones, sold 40,000 won in total, from J around 04:20 and around 15:33, to the said G bank account.