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(영문) 춘천지방법원 강릉지원 2015.10.21 2015고단949
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

3,200,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 3, 2014, the Defendant was sentenced to a suspended sentence of two years for the violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on October 12, 201 and the said judgment became final and conclusive on the 12th of the same month.

【Criminal Facts】

Although the Defendant was not a person handling narcotics, the Defendant purchased a penphone as follows, even though he was not a person handling narcotics, a psychotropic drug (i.e., a single-name “philopon”; hereinafter “philopon”).

1. In the Internet text search, the Defendant sought to purchase a penphone from H, which was known to the Defendant by searching and searching the language “written atmosphere” referring to psychotropic drugs.

On May 2014, the Defendant purchased 700,000 won from the cash withdrawal machine near the bus terminal located in the Yannam-si, Y, by means of remitting KRW 700,000 to the non-account designated by H, and then, after this framework, sent approximately 0.4g of H from the Sungnam-si bus terminal to the bus article.

2. On May 30, 2014, the Defendant transferred KRW 500,000 to NHFC (I) accounts in the name of the Defendant, which was in possession of H at the NHC branch in Suwon-si, Suwon-si. On the same day, the Defendant purchased penphones by receiving approximately 0.4g of phiphonephones in the part of the Defendant, which was located near J Park in Suwon-si, Suwon-si.

3. On June 8, 2014, the Defendant: (a) transferred KRW 500,00 to H in the same manner as described in paragraph 2 at the original agricultural branch located in Won-si; and (b) purchased phiphonephones by receiving approximately 0.4g of philophones, which were incurred in a single-use part of the public telephone stuff located in K near the city of Boju, which H was concealed under the same day.

4. The Defendant, on June 13, 2014, remitted KRW 500,00 to H in the same manner as that set forth in paragraph 2 from the point of origin of the agricultural community located in the local community of Sung-nam-si and on the same day.

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