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(영문) 부산지방법원 2014.08.14 2014고단3804
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Even if the Defendant is not a narcotics handler, the Defendant purchased a penphone from a person who sells psychotropic drugs, using an Internet site, mobile phone carox, etc. (hereinafter referred to as “phiphone”), and purchased and traded narcotics, etc. by means of receiving 400,000 won from a penphone, which was sent by the person who was unaware of his/her name in the name of a national bank account in the name of a woman B, on January 28, 2014, using a bank account in the name of a woman B, and then remitted 40,000 won to a person who was not in the name of a penphone sales to a person who was not in the name of a passenger bank account in the name of a woman B, and on January 29, 2014, around 13:00, the following day.

2. On February 16:17, 2014, the Defendant: (a) transferred KRW 400,000,000 to a person who was not a manufacturer of narcotics, etc. using a bank account in the above B’s name; and (b) purchased and sold narcotics, etc. by receiving the amount of lophones sent by the person who was not a manufacturer of narcotics, etc. from the Busan East-dong, Busan-dong, Busan-dong, by means of receiving the amount of lophones which the said person was a person who was not a manufacturer of narcotics, etc.

3. On February 10, 2014, the Defendant: (a) transferred KRW 400,000 to a person with no name in the name of a penphone sales using the national bank account in the above B’s name; and (b) purchased and sold narcotics, etc. on February 11, 2014 following the day after the date on which the above person with no name was sent to the person with no name in the Busan metropolitan area located in the Seocho-gu Busan metropolitan area.

4. Although the Defendant is not a narcotics handler, on February 17, 2014, at around 10:44, the Defendant: (a) transferred KRW 400,000 to a person under the name of the national bank account in the above B, and intended to sell and purchase narcotics by means of delivery of phiphones; (b) however, the Defendant failed to deliver phiphones and attempted to do so without having contact with phiphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer against the Defendant and B.

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