The defendant shall be innocent.

1. The summary of the facts charged is not a person handling narcotics.

Nevertheless, in order to purchase psychotropic drugs-related Mesophopa (i.e., one philophone; hereinafter referred to as “philophone”), the Defendant searched “philophone inserted” on the Internet website (i.e., one philophone) and then called by C mobile phone number, which is a philophone seller.

On March 27, 2014, the Defendant: (a) decided to purchase philophones C from March 27, 201 to purchase philophones; (b) remitted KRW 1,500,000 for philophones to the bank account in the name of C (D); and (c) around March 17:35, 2014 to the bank account in the name of C; (d) however, the Defendant did not deliver philophones, but did not commit an attempted act.

2. In order to establish the crime of attempted trade of philophones, an action of trade of philophones must be initiated, and even if a person who intends to purchase philophones paid the price to the person who solicits the purchase of philophones, the person who received the price at that time possessed or acquired philophones.

If the purchase or sale is not in a close and close state, such payment can only be seen as a preliminary act of sale, and it cannot be said that the commencement of the execution of the purchase or sale of philophones reaches the commencement of such act.

(see, e.g., Supreme Court Decisions 2008Do2392, May 29, 2008; 2014Do16920, Mar. 20, 2015). In light of the aforementioned legal principles, the following circumstances acknowledged by the record of the instant case were introduced, namely, ① the Internet site where the Defendant supplied phiphones to the Defendant is no longer capable of supplying phiphones, and accordingly, the Defendant sent the purchase price of phiphones to C by searching “phiphones” on the Internet site and sending the purchase price of phiphones to C from the website. Since C received it, C sent her cellphones without sending it.