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(영문) 인천지방법원 2019.03.15 2019고단559
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 and 2 (excluding the portion of appraisal and consumption) shall be confiscated.

Reasons

Punishment of the crime

1. On September 2018, the Defendant provided a merpter (one philophone; hereinafter referred to as “philophone”) on a lower-served basis, around 01:00, on September 1, 2018, the Defendant laid down a vinyl domination containing approximately 0.24 g of philophone to D in the vicinity of C in Goyang-gu, Goyang-gu, Goyangyang-si, 2018.

Accordingly, even if the defendant is not a person handling narcotics, he provided psychotropic drugs.

2. On October 21, 2018, the Defendant: (a) from around 23:42 to around 00:10 on October 20, 2018, the following day, the Defendant decided to purchase phiphones with D in the way near the F Station located in Yongsan-gu, Goyang-si; (b) the sum of KRW 450,000,000 and KRW 400,000,000,000 in cash of the Defendant’s money plus KRW 4,50,000,000 in total, to G; and (c) the plastic b.4g of the phiphones were cut back to G; (d) on October 21, 2018, the Defendant purchased the b.01:0 on the f.m. adjacent to the f., the remainder of the 1.2g of the f.m., the Defendant purchased from G in the f.D.

Accordingly, the Defendant purchased psychotropic drugs in collusion with D, even though it is not a person handling narcotics.

3. On November 3, 2018, the Defendant: (a) received request from D to seek writingphones on November 19:14, 2018; (b) received transfer of KRW 900,000 from D to H’s corporate bank account in the name of the Defendant using the Defendant for writingphones; (c) around 24:00 on the same day, around 24:00 of the same day, 90,000 won in cash from G at the coffee shop in the Songpa-gu Seoul Metropolitan Area; and (d) received five sons for day-to-day, containing approximately 5 g in total phiphones, and around 03:00 on November 3, 2018, 5 gines that were received from D in front of the said IF bank Station around the said G.

Accordingly, the defendant is not a person handling narcotics.

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