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(영문) 수원지방법원 2018.11.20 2018고단3295

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

400,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

【Criminal Records, etc.】 The Defendant was sentenced to imprisonment for a violation of the Narcotics Control Act, etc. at the Seoul Central District Court on December 18, 2014, and on October 18, 2015, at Daejeon Prison, the execution of the sentence was terminated, and the records of the same crime were four times. On December 14, 2017, the Defendant was sentenced to imprisonment for six months and a fine of 2,00,000,000 won for fraud, etc. at the Seoul Western District Court on December 14, 2017 and released on February 23, 2018, and the said judgment became final and conclusive on February 23, 2018, and the execution of the sentence was omitted in the indictment, but it was recognized by the records and thus corrected ex officio.

A person who is not a narcotics handler.

【On April 9, 2018, the Defendant: (a) reported a sales advertisement of Mepters (one philophone; hereinafter referred to as “philophone”), a local mental medicine, published on the Internet at the point of Il-dong, U.S. C Bank located in Il-gu, U.S., U.S., Sinsan-gu; and (b) purchased 400,000 won by means of ordering a philophone from the cell phone seller to the SNS “D”; and (c) remitted the philophone to the bank account in the name of E (F) notified by the seller to the seller; and (d) then, he/she purchased the philophone in a non-philogram at the place of Ma-si, the smallest seller known by the said seller at that time.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Reports on internal affairs-Attachment of the specific details of the purchaser of phiphones and evidential materials;

1. Details of transactions between E and C bankF accounts in the name of E;

1. Personal data of financial institutions, such as CIF information (I);

1. Data from analysis of CCTV images and photographs of financial institutions;

1. Internal History Report - Analysis of the detailed phone numbers of the I-Use mobile phone phone numbers, investigation report - One counterpart investigation (Defendant A specific)

1. Investigation report (Attachment of a list of persons who purchase phiphonephones), investigation report (organization of persons who have opened a bank account in the name of E) (E);

1. Advertisement selling philophones;

1. Notification of the results of legal and chemical appraisal and appraisal report;

1. Criminal records before and after judgment: Investigation reports (where a previous record and a copy of the judgment are attached), and related thereto;