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(영문) 서울중앙지방법원 2020.09.28 2020고합552

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Power] On July 21, 2020, the Defendant was sentenced to a suspended sentence of two years on July 29, 2020 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (marijuana) at the Seoul Central District Court on July 21, 202.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated the marijuana as follows:

1. The Defendant: (a) connected to a multi-web website B site, transferred bitcoin to the bitcoin’s address known by the seller of marijuana in his name; and (b) intended to purchase marijuana in the bitcoon method (the form of finding narcotics to the place where narcotics are concealed after transferring the proceeds).

On October 6, 2015, the Defendant, at around 19:34, remitted bitcos equivalent to KRW 950,000 to the address of the Bitcoin, known by the seller of marijuana in his name, and around 21:00 on the same day, the Defendant purchased marijuana by collecting approximately 7g of marijuana, concealed by the seller under the supervision of the seller, and purchased approximately 3,140,000,000, from that time to November 1, 2016, from that time, approximately 257,000,000 won of marijuana.

2. On October 6, 2015, the Defendant smoked marijuana: (a) around 23:00, at the residence of Yongsan-gu Seoul Metropolitan Government and the Defendant of the first floor, by inserting approximately 1g of marijuana into a paper-to-door and inserting a fire with a smoke; (b) and (c) smoking marijuana in a manner of smoking in a smoked form; and (d) as indicated in attached Table 2, from that time until November 3, 2016, the Defendant conspired with and smoke approximately 25g of marijuana in collusion with D, or alone, from that time until November 3, 2016.

Summary of Evidence

1. Each police's protocol of interrogation of the accused's oral statement;

1. Previous records of an investigation report (investigation of transaction details which are Bitcocoin for purchase price of additional narcotics): The defendant's legal statement, investigation report (Attachment of a copy of indictment for a case of separate narcotics to a suspect), a copy of indictment for a case of separate narcotics of A, and the application of Acts and subordinate statutes as a result of inquiry;

1. Criminal facts;