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(영문) 서울서부지방법원 2020.08.12 2020고합108
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Although the Defendant was not a handler of narcotics, etc. who can handle marijuana, the Defendant purchased and smokeed marijuana as follows:

1. The Defendant: (a) connected to the “B”, which is a special web hub, which makes it impossible to trace the IP address bypassing or encryptioning a network; (b) requested the seller of marijuana, such as C, to sell marijuana using an encryption program; (c) transmitted the bitcoin to the bitcoin’s address known to the seller; and (d) intended to purchase marijuana in such a way as to find marijuana at the place known to the seller by the said seller.

On March 24, 2017, the Defendant purchased approximately 0.390395 bitco (Korean 472,378 bitco) from the place of bitco to the address of bitcoin (Korean bitco) known by the seller at an insular location as above, and then purchased approximately 4 g of marijuana in an insular location known by the seller, and from the time on May 22, 2019, in collusion with E, F, and G (a public offering by means of remitting the purchase price through the virtual currency exchange established by E or receiving part of the purchase price from F or G) about 62.5 g of marijuana, as shown in attached Table 1, from the time on May 22, 2019.

2. In the same way as in paragraph (1) of this Article, the Defendant attempted to purchase approximately 3g of marijuana from the place of H’s bitcoin (Korean Won 349,723 won) to the place of bitcoin known by the said seller on July 30, 2017 by contact with the seller of marijuana at an insular location and transfer it to the address of H’s bitcoin (Korean Won 349,723 won), but the said seller is prohibited from selling it on the grounds of insane the following day, and from returning the purchase price to the attempted refund of the purchase price, and from that time until November 6, 2018, the Defendant was able to purchase it independently or in collusion with E, F, and G on eight occasions, such as the attached list 2 of crimes.

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