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(영문) 서울중앙지방법원 2019.10.17 2019고단4866
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

1. Upon receipt of a remittance of the price from B with B’s request for scopon, the Defendant: (a) contacted with B, the seller of the scopon; (b) decided to sell scopon to B by means of creating a scopon; (c) on November 27, 2017, at around 15:58, the Defendant received KRW 900,000 from B from B to the account in the name of D bank in the name of the Defendant’s use from Michuhol-gu Incheon, Michuhol-gu, Seoul, and sent the price to “C”, and (d) delivered approximately one g of the scopon to B, from that time to July 8, 2018, the Defendant sold the scopon in collusion with the seller of the scopon in combination with the seller of the scopon in the name of 20.5g amount from that time to July 8, 2018.

2. On January 25, 2019, the Defendant purchased philophones with a cash of KRW 80,000,000 from the Michuhol-gu Incheon, Michuhol-gu, Incheon, to the said “C”, and purchased philophones with approximately 3g of philophones.

3. Medication of phiphones.

A. On January 1, 2019, around 18:00, the Defendant administered 0.03g of phiphonephones into a single-use injection machine, dilution with water in the store operated by the Seo-gu Incheon, Seo-gu, and the Defendant of the first floor.

B. On June 18, 2019, the Defendant administered approximately 0.03g of philophones in the upper store in the above manner, around 18:00.

C. At around 19:00 on June 30, 2019, the Defendant administered approximately 0.03 g of phiphones in the above store in the above manner.

4. At around 10:08 on July 2, 2019, the Defendant possessed a phiphone by keeping approximately 0.81g philopon in front of the Seo-gu Incheon International Apartment in the Defendant’s bank.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Seizure records;

1. The E-bank account in the name of D.

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