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(영문) 서울중앙지방법원 2021.03.25 2020고단7888
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. On April 14, 2020, the Defendant: (a) decided on April 14, 2020 to trade telephones with a seller of narcotics, etc. (compre-existing 21:49) contacted through telegrams in front of the apartment complex B in Gwanak-gu, Seoul Special Metropolitan City; (b) transferred KRW 400,000 to the account in the name of EF bank in the name of E used in D, a virtual currency buyer, as notified by the seller; (c) transferred KRW 400,000 to a seller’s account in the name of E, a virtual currency buyer, the address of the virtual currency electronic wallet designated by the seller; and (d) transferred the same amount to “G, the address of the seller,” and (e) thereafter, sold 0.5 g of telephones, which are contained in the mail in the vicinity of the subway station in Dongjak-gu Seoul Special Metropolitan City, the place designated by the seller.

2. On April 14, 2020, the Defendant, who was parked in B apartment parking lots around B around 23:00, laid down a penphone 0.5g g of philop in a philopon in a philopon, and injected a philopon by promptly using a philopter.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of replies made by non-co-owners;

1. Details of J bank transactions;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proviso to Article 67 of the Narcotics Control Act;

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