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(영문) 의정부지방법원 고양지원 2017.08.10 2017고단738

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

[2017 Highest 738]

1. Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant administered narcotics in the manner that, around December 2016, at D’s residence located in Seo-gu, Seoyang-gu, Seoyang-si, Seoyang-si, U.S., in the manner that the Defendant 0.2g of the Memopty clopon (hereinafter “copon”), which is a local mental medicine medicine, was put in a gambling place with D, and then inhales the smokes generated by heating it into a Rater.

[2017 Highest 860]

2. The Defendant is a representative director in the name of F Co., Ltd. established for the purpose of wholesale and retail business of fishery products and agricultural products in Kimpo-si, Kimpo-si.

On February 5, 2016, the Defendant filed an application for the credit loan of the victim corporation, the defendant, the defendant of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul High Military Prisoners of War, through G, Young-gu, Seoul, for the lending brokerage company G, and submitted the details of the passbook transaction of F, the standard taxable document of value added tax, the corporate business registration certificate, etc. registered as the representative director under the name of the Defendant.

However, the defendant was only the representative in the name of F, and did not operate F, and the defendant did not have any other income or property and did not have any intention or ability to repay the loan even if he received the loan because F was not operated normally at the time.

Nevertheless, the defendant deceivings the victim company as above and transferred 10 million won to the account in the name of the defendant under the name of the victim company as a loan.

Summary of Evidence

[2017 Highest 738]

1. Statement by the defendant in court;

1. Witness D's testimony;

1. A letter of narcotic appraisal (2017 Height 860);

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. A credit transaction agreement, receipt, inquiry of loan account records, confirmation document of loan consultants, physical list of loan solicitors, verification procedure for additional value-added tax standards, business registration certificate, copy of resident registration certificate, abstract of resident registration card, and details of deposit and loan transaction [the defendant shall deny the intent of deception and fraud.]

However, this shall not apply.