마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. According to the evidence of this case including the account transaction details of the defendant, CCTV images of the bank, and the statement made by Suwon Won in the detention house, etc., the court below found that the defendant purchased phiphones as stated in the facts charged of this case. However, the court below erred by misapprehending the facts and thereby finding the defendant not guilty.
2. Determination
A. On October 21, 2018, the Defendant: (a) transferred KRW 7.50,000 of the price of philopon to a bank account in the name of D (E; hereinafter “instant account”); (b) purchased philopon by receiving the volume of philopon at an infic location designated by the seller of philopon at around 21:00 on October 18, 2018.
B. According to the evidence duly admitted and examined by the court below, the court below held that the defendant remitted 7.5 million won to the account of this case used by the non-personal phone seller as shown in the facts charged, but it is not sufficient to find that the evidence presented by the prosecutor alone proves that the defendant remitted the above money to the philon price and purchased the philon without any reasonable doubt, and that the defendant was acquitted of the facts charged in this case.
(1) The Defendant made a relatively consistent statement from the investigative agency to the lower court’s court that “The Defendant only remitted money upon the request of one-person F (one-person G, and death around February 2019), and that the said money would not be paid for the purchase of a philopon.”
Shebrophone sellers using the instant account through H that was suspected of purchase of philophones and administered by the investigative agency on suspicion of the purchase of philophones.