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A defendant shall be punished by imprisonment for two years.
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. On April 18, 2019, the Defendant informed B of the bank account number (Industrial Bank of KoreaD) in his/her name to deposit a penphone with B upon the request of B, who was a folder B, to the effect that “I wish to purchase a penphone,” and B sent the Defendant’s account number to “E” through C.
On the same day, at around 18:48, the Defendant deposited KRW 4.50,00 from the above “E” to the above bank account of the Defendant, and the Defendant sent to B a photograph of the place (mail box in Seoul Guro-gu) where the instant phone was posted to B, and B sent the said photograph to the said “E” via “E” via “B,” around 2:00 on the same day.
Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold Metropha (one philophone) which is a local mental medicine.
2. Even if the Defendant was not a narcotics handler, the Defendant purchased and sold the Mept Metepop (one philopopon), which is a local mental medicine, twice as follows.
가. 피고인은 2020. 10. 하순 14:00 경 B의 친한 동생인 성명 불상자( 위 챗 닉네임 ‘G’ )에게 위챗을 통하여 중국 인 민폐 1,400위안( 약 25만 원) 을 송금한 후, 위 성명 불상 자가 시흥시 H 인근 주택가 우편함에 넣어 둔 필로폰 0.05g 을 가져왔다.
B. The Defendant, at around 14:00 on November 28, 2020, transferred approximately KRW 1,400 ( KRW 2.50,000) to the person under whose name the Defendant was unable to use his/her name in the same manner at the same place as above, and brought about 0.05g of philophones (Metropis).
3. Although the Defendant is not a handler of narcotics, the Defendant administered the Mept amba (one philophone) which is a local mental medicine (one philophone) twice as follows.
A. On October 2020, the Defendant laid off 0.02g of the penphonephones purchased as described in paragraph (a) at the residence of the Defendant, at the time of Ansan-si, 05:00, the Defendant laid down the 0.02g above, from among the phiphones purchased as described in paragraph (a).