A defendant shall be punished by imprisonment for four months.

600,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Punishment of the crime

On January 18, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at Seoul Southern District Court on January 18, 201, and the said judgment became final and conclusive on August 7, 2019.

The defendant is not a person handling narcotics.

1. On September 24, 2018, at least 19:27, the Defendant purchased a penphone by means of remitting KRW 200,000,000 from a bank account (Account Number E) in the name of C used by a seller of a psychotropic drug (i.e., a single-name “phiphone”; hereinafter “phiphone”) and then bringing about approximately 0.3g of the phiphone that was concealed by the person who was above the above-mentioned name in a non-registered area of the Dongjak-gu Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government”) around that time.

2. On October 1, 2018, at around 21:12, the Defendant: (a) remitted KRW 400,000,000 from a bank account (E number) in the name of C used by a phiphone seller B, etc.; and (b) purchased phiphones by means of bringing about approximately 0.7g of phiphones concealed by the person who was unable to receive the above name at the scopopic location (hereinafter referred to as “Scopic”) around that time.

Summary of Evidence

1. Protocol concerning the suspect examination of the accused in court;

1. A protocol concerning the examination of each police suspect with regard to F;

1. Detailed statement of transactions in each account and investigation report (Confirmation of place of purchase of phiphonephones);

1. Investigation report (report on calculation of the amount collected as a result of a crime);

1. Previous convictions: Application of Acts and subordinate statutes to foreign criminal history, data inquiry and investigation reports (Attachment to judgment, etc. against A of a suspect);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. The defendant and his defense counsel have already rendered a final judgment on the assertion of acquittal of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the purchase of each penphone recorded in the facts charged.