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(영문) 서울중앙지방법원 2020.03.27 2020고합130
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

except that the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the marijuana as follows:

1. On October 3, 2019, at around 14:29, the Defendant sent 0.0239321 BTC (limited to KRW 240,254) to the e-mail address (E) known by a seller (i.e., D) who operates a multi-web website using the electronic wallets of “B” in the virtual currency exchange (hereinafter “B”), and then the said seller purchased approximately 3 g of marijuana, which was put under the direction of the external air-conditioner in Seocho-gu Seoul, Seoul.

The Defendant, including this, transmitted 5.3101529BTC (Korean currency equivalent to KRW 31,140,157), which is virtual currency, through an exchange, such as B, “G,” and purchased approximately 305 g of marijuana in total, 61 times in total, as indicated in the attached list of crimes.

2. On October 4, 2019, the Defendant smoked marijuana in such a way as to put in the scopic scopic marijuana into the scopic scopic scoper, which he had been in possession of Seocho-gu Seoul, Seocho-gu, and to inhale the smoke by inserting the scopic scopic.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement (2019-H-22466);

1. Photographss of the details of transactions in the B Exchange and the closure of the G Exchange and CCTV photographs for crime prevention at places where Defendant A purchased marijuana;

1. Application of Acts and subordinate statutes to each investigation report (verification of membership of a multi-weweb drug transaction website, attachment of B exchange details, attachment of transaction details of G exchange, calculation of additional collection charges);

1. Article 59 (1) 7, subparagraph 7 of Article 3 (hereafter referred to as "purchase of marijuana"), Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment with labor) concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [in the case of concurrent crimes resulting from the purchase of marijuana No. 44 attached hereto, which is the most severe punishment and punishment, referring to the concurrent crimes resulting from the violation of the Act on the Control of Narcotics, etc. (mathal).]

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