A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] On August 31, 2017, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on November 16 of the same year.

[2] The Defendant, who is not a person dealing with narcotics, did not deal with the megaphones (one philophones, hereinafter “philophones”), which is a local mental medicine, but dealt with philophones as follows.

1. On November 25, 2016, the Defendant: (a) received KRW 500,000 from B to one bank account in the name of the Defendant; (b) sent the phone to a person under the name of the Defendant; (c) sent the phone to a person under the name of the Defendant; and (d) arranged the transaction of the phone by delivering approximately 0.3g of the phone to B, within the Defendant’s vehicle parked on the road at Geumcheon-gu Seoul Metropolitan City, as for the same day, at around 19:00, the Defendant arranged the transaction of the phone by delivering approximately 0.3g of the phone to B.

2. On December 18, 2016, the Defendant: (a) received KRW 500,000 from B to one bank account in return for the request to request the oponon; (b) delivered the opon to the person under whose name the opon was transferred; and (c) arranged the opon transaction by delivering approximately 0.3g of the opon to B at the same place as paragraph (1) of the same day at around 21:30 on the same day; and (d) delivered approximately 0.3g of the opon to B.

3. On December 24, 2016, the Defendant: (a) received KRW 500,000 from B to one bank account in the name of the said one bank account in return for the request to request to damage the phiphone; (b) delivered the phiphone to a person in the name of the said one bank account; (c) received the phiphone, and arranged to trade the phiphone at the same place as, No. 18:30 of the same day at around 18:30 of the same day; and (d) sent approximately 0.3g of the phiphone to B.

4. On January 14, 2017, the Defendant received a remittance of KRW 500,000 from B to one bank account in the name of the said one bank account and delivered it to the person under whose name the account was named, along with a request to request the oponon from B on January 14, 2017.