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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2019 Highest 6221] The defendant is not a person handling narcotics.
1. The Defendant: (a) contacted with the sale books of psychotropic drugs using telegram gram B “B” through smartphone hosting apps; (b) first received sampling; and (c) purchased 1g of phiphones in cash if sampling is normal; and (d) then purchased 600,000 won in cash.
On December 3, 2019, around 12:29, the Defendant given and received approximately 0.2g of philophones contained in a one-time injection device with which the sale volume of the said philophones was set out, as a sampling, from the rear part of the unit of the building 1st floor and the stairs of the second floor in Yangsan-si.
2. At around 13:20 on December 3, 2019, the Defendant: (a) heard the horses that “the remitter deposited KRW 600,000 in cash to the International Association Account (Account Number:J) in the name of “H” by using the remitter as “G” at the head office of the F Association in Gyeyang-si, Yangsan-si; and (b) sought from the said sales book that “the remitter stored one gram in the cigarette on the side floor of L restaurant building located in K,” and discovered only a verification-type pen that does not contain a phiphone.”
Accordingly, the defendant tried to purchase one gram of philophones, and the defendant attempted to purchase it.
3. At around 12:30 on December 8, 2019, the Defendant administered phiphonephones in the OBW vehicle parked in the NAW parking lot of the Neng-dong, Nlive-dong, Nlive-dong, Nlive-dong, Nlive-gun, and administered 0.08 gramphones in a can, in a way that they are sent to coffee.
4. No one shall widely inform or present information about the activities prohibited by the Act on the Control of Narcotics, Etc. to any third person;
Nevertheless, the Defendant, at around 18:30 on December 10, 2019, used the “ Q”, which is the language of philophones, for the purpose of administering philophones with other persons in the lapsing app using smartphones.