Text
A defendant shall be punished by imprisonment for nine months.
19,200,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
Defendant is not a narcotics handler.
1. On March 8, 2016, the Defendant: (a) received a request from D to seek philophones from the Defendant’s vehicle in the CMWX3 passenger car that was parked in the Kaba-dong, Simsan-si, Simsan-si; and (b) received a request from D to seek philophones from the Defendant’s vehicle in the CMWXX3 passenger car in which it is impossible to identify the trade name in the Kaba-dong, Simsan-si, Simsan-si; and (c) may seek from D to
“.......”
After two to three days, the Defendant received instructions from the G restaurant operated by the Defendant F in Gunsan City, from H, to transfer to D the amount of Meteptop (one philopopon; hereinafter referred to as “philopon”) in a white bag, which is a native mental medicine he gets accumulated in a white bag. At that time, the Defendant received five million won in cash from D and deposited the amount into the J account of the former North Bank of Korea in the name designated by H.
Accordingly, the defendant assisted the trade of philophones.
2. On May 2016, the Defendant: (a) asked the Defendant’s CMWXX3 passenger cars, parked in the Kaba-dong, which could not know the trade name in the Kaba-dong of Simsan; (b) asked the above E to seek a philopon; (c) requested the above E to seek a philopon; (d) around that time, the Defendant received 15 g of a philopon stored in a white bag from E in the above G restaurant, and sent it to D; and (e) notified D of the J bank account in the name of the first designated by E, and had D deposit KRW 15 million in the above account.
Accordingly, the defendant assisted the trade of philophones.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Copy of the protocol concerning suspect examination of D; and
1. Report on investigation (related to the statement of the suspect);
1. Details of letters sent by A confirmed from the victim's mobile phone;
1. Details of transfer of the K account;
1. Application of Acts and subordinate statutes on the analysis of currency content D and A;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;
1. Selection of penalty;