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(영문) 부산지방법원 2014.06.20 2014고단3955
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, the above punishment against Defendant B.

Reasons

Punishment of the crime

Defendants are not authorized to handle narcotics.

1. Defendant B

A. The Defendant, through Internet search, purchased a penphone from a person with no personal name, who is a part of the sales platform of the Mebacule (hereinafter “philopon”), and purchased and sold narcotics, etc. from a post office cash payment machine located in the 149 (Scule-ro), on February 15, 2014. On February 17, 2014, the Defendant: (a) transferred KRW 200,000 from a post office deposit account in the name of the said person with no personal name, to a bank deposit account in the name of D used by the said person; and (b) purchased and sold narcotics, etc. from a racing bus terminal in the name of the said person with no personal name, at around 00:30 on February 16, 2014, at around 260 (dong-dong-dong-dong-dong-dong-dong-si.

B. On February 16, 2014, around 01:00, the Defendant’s house located in the Defendant’s house located in the E building No. 101 at the time of racing, and the above A.

As described in paragraph (1), the quantity of narcotics that can be administered once out of the philophones purchased, has been delivered to A without compensation, and received narcotics.

C. The Defendant was above B.

At the time and place stated in the paragraph, the narcotics were administered in such a way that the remaining philophones were stored in A, and the remaining philophones were stored in the water.

2. Defendant A’s Defendant A-B

At the time and place stated in the paragraph, after being delivered a penphone of the quantity that can be administered once from B as stated in B, the narcotics were administered in a manner of drinking in the water.

Summary of Evidence

1. Defendants’ legal statement

1. A request for appraisal; a copy of the report on account transactions; a copy of personal data on a trade name; a photograph of CCTV video recording data; and data on the details of communications;

1. Application of Acts and subordinate statutes to each investigation report (the calculation of additional collection charges);

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, among concurrent crimes (Defendant B).

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