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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the defendant shall be sentenced to the above punishment for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around September 17, 201, the Defendant, in violation of the Act on the Control of Narcotics, etc. (fence) remitted KRW 1 million to a bank account in the name of E, which is managed by D, for the purchase and sale price of psychotropic drugs, the psychotropic drugs (hereinafter “cloudphone”), and additionally remitted KRW 500,000 to the said deposit account on October 9, 201, and then received approximately 1g of the cloud phone sent by D from the Defendant’s house in the Namyang-si F, Nam-si, the same day and purchased it.
Accordingly, the defendant purchased psychotropic drugs even though he is not a person handling narcotics.
2. On November 20, 201, the Defendant in violation of the Act on the Control of Narcotics, etc. (fence) heard the speech that “If you send the money to Vietnam, you will buy the money to the maximum extent possible from Vietnam” from D, who was in Vietnam, and used the money to helpD import of the writingphones by remitting money to D.
Accordingly, around November 20, 201, the Defendant remitted KRW 1.5 million to the deposit account in the name of one bank in the name of E managed by D, and D withdraws KRW 1.4 million out of the amount remitted from the Defendant from the Defendant in Vietnam-si on the same day and purchased approximately 17g grams from G, etc., and used it as funds for purchase of phiphones and expenses for staying in the Philippines.
D continued to import, around November 23, 2011, an international express mail, which was concealed in the factoring system office, a corporation, an international cargo company, located in Vietnam, in the business office, and then sent the penphone to the Cheongbane, etc., by international express mail. On November 24, 2011, the international express mail, the phone phone of which was concealed, arrived at the Incheon Airport by the aircraft air.
Accordingly, the defendant, by facilitating D's philophone importation, assisted it.
The defendant asserts that D's request to lend and receive money without knowing D's crime of smuggling import is merely a mere response to D's request.
However, this shall not apply.