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(영문) 서울중앙지방법원 2016.04.29 2015고합1061
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for eight years.

Seized evidence 1 to 5 shall be confiscated.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

around September 2015, the Defendant: (a) met D in the Dong-dong of China; and (b) sought 1 kg of the Mampa (one philopon; hereinafter “Wlopopon”) which is a local mental medicine, from around 2015.

It has proposed and notified three borrowed-name accounts in the name of E and F to the account for payment of the price.

On the other hand, the Defendant, after setting a total of KRW 43 million, received KRW 33,00,000 from the above borrowed account and received KRW 10,000,000 from the Republic of Korea to the said borrowed account, and received KRW 10,000,000 in cash when delivering phiphones in Korea.

On September 26, 2015, from around October 17, 2015 to around October 2015, the Defendant received a total of KRW 33,00,000,000 created by I through the said E Bank Account (G), the national bank account (H) and the bank account (G) through five times in total. At around that time, the Defendant received approximately 804.9g of philopon from North Korean defectors whose name is unknown in the Chinese shortdong, and transported around October 26, 2015 to Incheon on October 26, 2015, the Defendant concealed the philopon from the Chinese shortdong to 05:00 on October 25, 2015, and transported at around October 26, 2015, the name was unknown.

On October 26, 2015, at around 11:15, the Defendant 14:00 on board the passenger flag at both airports of China, and arrived at Incheon Airport at around 14:00 on the same day, the Defendant received phiphonephones concealed in the birth box at Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

Accordingly, the defendant imported approximately 804.9g of philophones in collusion with D or I.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. 6 copies of K’s detailed inquiry of the details of transactions in the Livestock Cooperative account, investigation reports (e.g., seizure of philopphones from the person against whom they were exposed to seizure - seizure process and photographs), investigation reports (requesting appraisal of clopphones presumed to have been seized from the person against whom they were exposed), seizure records (flopphones, etc.), investigation reports (verification of simple amplopphones, amplopphones, etc.), investigation reports (flopphones, passenger ships).

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