beta
(영문) 서울중앙지방법원 2019.02.07 2018고합1098

마약류관리에관한법률위반(대마)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Purchasing marijuana;

A. On March 12, 2016, at around 14:55, the Defendant transferred KRW 1.2 million as the purchase price for marijuana to a bank account under the name of C used by B, and then received approximately 10g of marijuana from B around the F in Seocho-gu Seoul Metropolitan Government, at the same night.

Accordingly, the Defendant purchased approximately 100,000 grams from B to 1.2 million won.

B. On April 14, 2016, around 23:12, the Defendant remitted KRW 900,000 to the G bank account in the name of C used by B with the purchase price for marijuana. On April 15, 2016, a prosecutor was indicted on the ground that “No. 15, 2018.” However, on December 10, 2018, the Defendant filed an application for the correction of the indictment to correct the above date in this court, and the said court granted permission on the same day.

D. He was about 9g of hemp in the street around the F. B.

Accordingly, the defendant purchased about 90,000 won for marijuana from B.

2. Around 00:39 on June 2, 2015, the Defendant sold marijuana: (a) transferred KRW 200,000 to the G bank account in the name of the Defendant using for the purchase price for marijuana from H; (b) around that time, the Defendant sent approximately 20,000 won to H on the street near the convenience store located below the Seocho-gu Seoul Metropolitan Government divingdong.

Accordingly, the Defendant sold approximately KRW 200,000 to H about KRW 12,00,000,000 from the above date to April 19, 2016, and sold approximately KRW 47gg of marijuana to H over 12 times, as shown in the list of crimes in the attached Table.

The defendant's sale of marijuana to H in Paragraph 2 at the time of this Court is wholly purchased from Section 1 B of the Decision.

“The Prosecutor stated to the effect that it was difficult for the Prosecutor to specify the timing, place, and quantity of the hemp purchased at the time of the purchase and sale of the hemp, and the time, place, and quantity of the hemp purchased prior to the entries in the facts charged, as well as the statements made by accomplices B.