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(영문) 부산지방법원 2013.09.12 2013고단2247
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for two years.

47,500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around April 23, 2012, the Defendant requested D to seek psychotropic drugs-related Mebanes (one philopon; hereinafter “philopon”). At around 22:30 on the same day, the Defendant purchased approximately KRW 500,000 in cash from D to the bank account in the name of G used by the Defendant, who received KRW 9.5 million in total, and sold approximately KRW 50,000 in lots to D with approximately KRW 50,000 in total.

2. On May 2, 2012, the Defendant: (a) transferred KRW 19 million to a new bank account in the name of H used by the Defendant with D’s request to request writingphone from D; and (b) on May 3, 2012, the Defendant purchased and sold approximately 100 grams from D’s car parked in Busan Jung-gu, Busan, with approximately 13:0 grams to D on May 3, 2012.

3. On May 12, 2012, the Defendant: (a) received a request from D to request writingphones; (b) brought about about about about 100 grams between D’s 20:00 to 21:00 on the same day on the part of the room where it is impossible to know about 22:0 grams, which was located in Busan Dong-gu K; and (c) concealed the above logs; and (d) brought about M upon request from D, which was about 22:0 on the same day.

On May 21, 2012, the Defendant received KRW 12 million from the above M and 7 million from M in the above coffee shop in Busan-gu, Busan-do, and thereafter received KRW 7 million from M in the above coffee shop.

Accordingly, the defendant received KRW 19 million from D and traded approximately 100 gramphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's protocol of statement about D and M;

1. Requests for provision of communications data;

1. Application of Acts and subordinate statutes to investigation reports (related to listening to sound recording files on phiphones);

1. The Act before it was amended by Act No. 10786, Jun. 7, 2011 on the Control of Narcotics, etc. against criminal facts.

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