The defendant shall be punished by imprisonment with labor for six months, and the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Megatop cam (one philophone; hereinafter “philophone”) which is a local mental medicine as follows.

The Defendant, on the Internet, tried to report the advertising advertisement for the sale of phiphones and contact with books for the sale of phiphones with the Defendant, and intended to purchase phiphones by the method of 'dial' (on-site transaction method, which is collected by sending the phiphones to the place where the phiphones are concealed, and finds the phiphones back to the place where the phiphones are concealed).

1. On January 5, 2020, the Defendant: (a) transferred KRW 310,000 to the account (F) in the name of the Nonghyup Bank in the name of E, in which the said sales book was known by means of ATM at the D convenience store located in Gangnam-gu Seoul Metropolitan Government, by using the devices of ATM; and (b) failed to purchase phiphones without purchasing it at a place where phiphones are concealed.

2. On January 22, 2020, around 05:45, the Defendant used ATM equipment at H convenience stores located in Gangnam-gu Seoul Metropolitan Government G, transferred the price of KRW 110,000 to the said account with which the said sales book was known, and subsequently failed to purchase the penphone because it was impossible to find the penphones.

3. On January 30, 2020, around 03:09, the Defendant used ATM equipment at the J convenience store located in Gangnam-gu Seoul Metropolitan Government I and transferred the price of KRW 310,000 to the above account with which the above sales books were known, and the Defendant failed to purchase the opon without purchasing the opon at the place where opon was concealed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. The author argues to the effect that all of the facts of this case are recognized, and that the Defendant’s act in this case does not reach “the commencement of commission” of the crime of trade of philphones.

However, according to the evidence mentioned above, the defendant deposited the purchase price of phiphone and then deposited it.