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(영문) 서울서부지방법원 2019.05.15 2019고합76
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 24, 2016, at the Defendant’s house located in Mapo-gu Seoul Metropolitan Government, around 14:12, the Defendant: (a) transferred the advertisement of the Internet site to B-coin, a bitcoin used by a seller on his/her name-based mobile phone, and (b) transferred 0.395BTC equivalent to KRW 301,123,000,000 to B-coin at around that time; (c) sought approximately 3 g of marijuana concealed by the winners of his/her name in Seoul, Seocho-gu, Seoul; and (d) from around that time, from September 11, 2018 to September 19:07, 2018, the Defendant purchased the hemp by means of sending the bitco, the amount of which is equivalent to KRW 26,371,411, to the bitco in Seoul, and then he/she concealed the name and approximately 27,000,00.

2. At around September 23, 2018, the Defendant smoked marijuana by inserting in tobacco the influent quantity among marijuana purchased from the Defendant’s house as indicated in paragraph (1) at around 23:30, as indicated in the [Attachment 68] list of offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Other closure photographs;

1. C Exchange replies;

1. A's result of a simple test of urines and requests for appraisal;

1. Photographs taken after finding out that there has been earthbrobruer and GPGKY in the PC located in the suspect A’s residence;

1. Written appraisal of narcotics;

1. Attachment of the result of chainalysis analysis;

1. Reports on internal investigation (related to D and E) and reports on internal investigation (D E site):

1. Application of Acts and subordinate statutes to a criminal investigation report (related to additional collection charges against A of a suspect);

1. Article 59(1)7 and Article 3 subparag. 9 of the former Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016) regarding criminal facts and Article 59(1)7 of the Act on the Management of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016) and Article 59(1)7 and Article 3 subparag. 7 of the former Narcotics Control Act (amended by Act No. 15481, Mar. 13, 2018).

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