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(영문) 광주지방법원 2018.12.21 2018고단3130
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for a term of one year and two months.

870,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meart clocks (one philopon; hereinafter “philopon”) which are a local mental medicine as follows:

1. On July 22, 2017, the Defendant received KRW 230,000 from B to C account (D) in the name of the Defendant. On the same day, the Defendant traded a phiphone by sending approximately 0.35g of philopon using 0.35g of philopon from F located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

2. Upon receipt of B’s request for scopon, the Defendant received KRW 2.35,00 from B to the above C account in the name of the Defendant on July 24, 2017, and then sent approximately KRW 0.35g 0.35g opon using high-speed bus freight in the same manner as paragraph (1) on the same day.

Handphones traded phiphones.

3. The Defendant received 4.10,000 won from B to C account in the name of the Defendant on February 19, 2018, upon B’s request for seeking scopon, and received 4.10,000 won of scopon from B to B account in the name of the Defendant on the same day, and sent approximately 0.7 gopon using the scopon number of express buses in the same manner as paragraph 1 through B on the same day.

Handphones traded phiphones.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol concerning the examination of suspects of the accused or the J for the prosecution;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes to details of account transactions, telephone conversations details, text contents, investigation reports (organization, etc. of telephone conversations related to date and time of crime);

1. Relevant Article of the Act on the Management of Narcotics, etc. for Crimes and Articles 60 (1) 2 and 40 (1) 1 and 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, etc. for Punishment, and Selection of Imprisonment for Punishment;

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

1. Calculation of the amount of additional collection under the proviso to Article 67 of the Narcotics Control Act;

1. On July 22, 2017, this Court has legitimate effect on trading.

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