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(영문) 광주지방법원 2021.02.05 2020고합485
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

No person shall trade marijuana except where approved by the Minister of Food, Drug and Safety, and no person shall smoke marijuana except where he/she takes marijuana for medical purposes with the approval of the Minister of Food, Drug and Safety.

1. The Defendant: (a) consulted with a hemp seller using the ID of “C” in the name “B”, which is a multi-welve web trading site; and (b) upon consultation with respect to the type, quantity, amount, transaction place, etc. of marijuana to be traded by comments on the bulletin board, which is a texty program, using the GPG that is a texty program; and (c) when he transfers the sales price of marijuana to a “E” person who is a broker for the interest of the B operator, to a non-tcoin, the name of the broker for the transaction; and (d) when he concealss the marijuana to the buyer, he was willing to engage in marijuana trade by using the word “T” method, which is the name of the buyer, by informing the buyer of the location.

The Defendant, around March 27, 2020, expressed his intention to purchase about 5g marijuana to the “C” of the seller of marijuana in the above B, and transferred to the “E” of the B operator, a non-tecoin who is the B operator, the amount equivalent to KRW 500,000,000, the purchase price of the hemp to the non-tecoin, which was known to the “E.” Around 22:00 on the same day, the Defendant traded the marijuana from the right side of the building located in Seocho-gu Seoul Metropolitan Government, on the right side of the building located in the Seocho-gu Seoul Metropolitan Government, by finding approximately 5g, concealed by the seller of marijuana.

Accordingly, the Defendant traded marijuana even though it is not approved by the Minister of Food and Drug Safety.

2. Smoking marijuana;

A. The Defendant: (a) around 05:00 on March 28, 2020, at a parking lot near the dwelling place in the Dong-gu, Gwangju; (b) on the same as paragraph (1), put in tobacco, and smoked marijuana in a way of smoking with a fire attached thereto.

B. On May 22, 2020, the Defendant is among marijuana purchased, such as paragraph (1), at a neighboring parking lot located in Gwangju Dong-gu, Gwangju, and around 23:00.

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