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(영문) 광주지방법원 2019.01.16 2018고단4404
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

400,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal power] On April 7, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Jung-gu District Court on May 3, 2017, and completed the enforcement of the sentence on May 3, 2017. On August 10, 2018, the Defendant was under trial in the final appeal as of August 6, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a narcotics handler, he handled the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

The Defendant and B reported the article posted on the Internet website that “the sales of philophones” by the winners of the name cards, and agreed to purchase the philophones amounting to KRW 400,000,000,000.

B around 16:10 on March 1, 2018, received 400,000 won of cash services at the D Bank E branch located in Speaker-si C, and the Defendant returned the above amount to the D Bank account in F’s name by using the F’s resident registration number to the D Bank account (number G) and then found the amount of phi-phones which were concealed by the winners of the name in the name in Seoul and below the Seoul.

Accordingly, the Defendant conspired with B to purchase philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Requests for appraisal;

1. Report on internal investigation, CCTV images, conversation details, account transaction details, details of the account transaction, list of transactions with automatic entry machines, card personal information, and driver's license photograph;

1. Previous records: References to criminal records, results of search by prisoners, application of Acts and subordinate statutes to report criminal investigations (report attached to judgments of the same kind of suspect);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 of the

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The Criminal Procedure Act;

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