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(영문) 전주지방법원 군산지원 2015.04.08 2014고단1115
마약류관리에관한법률위반(향정)등
Text

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

70,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 11, 2009, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc., at the Sungnam branch of Suwon District Court on September 24, 201, and completed the execution of the sentence on June 24, 2010.

[2014 Highest 1115] The defendant is not a person handling narcotics.

1. On November 20, 2012, at around 22:15, the Defendant: (a) delivered KRW 700,000 from C to the toilet located in the Busan East-dong, Busan-dong; and (b) delivered C approximately 0.8g of psychotropic drugs, which are psychotropic drugs contained in the one-time injection device (hereinafter “one-time injection”); and (c) delivered C with approximately 0.8g of psychotropic drugs.

Accordingly, the defendant purchased and sold philophones.

2. On November 21, 2012, around 19:50 on November 21, 2012, the Defendant received from D with approximately 0.2 gramopon, which was accumulated in the paper from G, while carrying out meals together with D and G at the “F” restaurant located in the Busan Eastdong-gu, Busan, and delivered it to D.

Accordingly, the defendant in collusion with G, received philophones.

[2015 order 25] The Defendant did not have any intent or ability to complete payment even if he/she borrowed money from the victim H because there is no particular income or property.

Nevertheless, the defendant, by deceiving the victim, obtained a total of 8.3 million won through three times as follows.

1. On November 5, 2012, the Defendant received KRW 5 million from the victim, i.e., a loan, e., KRW 5 million,000,000,00 from the new bank located in the Busan High-dong, Busan High-gu, Busan High-gu. The Defendant stated that “it is necessary to obtain an office. If an office is obtained, the amount of KRW 100,000,000 per day shall be paid to the Defendant and the money shall be paid to the Defendant.”

2. On November 16, 2012, the Defendant stated that “If he/she obtains office rooms, he/she will pay 1.9 million won as much as it is necessary to do so, he/she shall be repaid immediately to the victim” at a cafeteria located in the Busan-gu Busan-dong, Busan-dong, and that it shall be borrowed from the victim, i.e., a loan from the victim.

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