A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On September 22, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Narcotics Control Act at the Seoul Central District Court on September 22, 2016, and the sentence became final and conclusive on September 30, 2016.

Defendant is not a narcotics handler.

1. On March 26, 2016, at around 17:07, the Defendant remitted 6,30,000 won for the purchase price in the name of Mebatop (one philop; hereinafter referred to as “philopon”) of the Mebacop (one Melopon; hereinafter referred to as “Melopon”) to a speculative account. On March 27, 2016, the Defendant sent approximately 4g of Melopon to a high-speed bus freight delivery sent by C from E in the afterma of the Gyeonggi-si (Seoul) around 11:14 on the same day, and additionally remitted KRW 60,000 to the account under the same name as above D.

Accordingly, the Defendant purchased approximately 4g 1,230,00 won of philophones from C as above.

2. On March 29, 2016, the Defendant remitted KRW 600,000 to the account in the above D’s name for the purchase price of penphones. On March 30, 2016, the Defendant used Kwikset services with approximately 4g of telephonephones sent by C to the door-to-door bus freight delivery in the non-floor area around Jongno-gu Seoul around March 30, 2016. On the same day, around 18:23, the Defendant additionally remitted KRW 60,000 to the account in the above D’s name.

Accordingly, the Defendant purchased approximately four grams from C as above at KRW 1.2 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Each investigation report (the sequence 2, 3 of the evidence list);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquire about criminal history and report on investigation (formers, confirmation and attachment of judgment);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 Section 1.1.1.1 of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows).