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(영문) 서울중앙지방법원 2018.11.22 2018고단4675
마약류관리에관한법률위반(향정)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Meart clopty, which is a local mental medicine, as follows.

The Defendant and B conspired to purchase philophones from the sales of nameless philophones.

In accordance with such public offering, the Defendant issued a e-mail card connected to the C bank account (D) under the name of the Defendant so that he can send the e-mail amount to B, and B deposited KRW 400,000 from the F bank's number of bank units located in Dong-gu, U.S. on February 9, 2018 to the F bank account under the name of G (H) where the sales of e-mailopopopopopopopopopopon is used as the receipt account, and around that time, the Defendant sought approximately 0.5 g of opopopopopopopon at a place near the Dong-gu, U.S. located in Dong-gu.

Accordingly, the Defendant conspired with B to purchase philophones.

2. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to feel true that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant.

Comprehensively taking account of the evidence duly adopted and examined by this court, it is recognized that the defendant's female living together withdrawal 400,000 won from the defendant's I bank account (D) to the defendant's e-mail card from the F Bank account at the location of the U.S. bank located in Dong-gu, Dong-gu around February 9, 2018 to the defendant's e-mail around 22:14, and then transfer 400,000 won to the F Bank account in G at around 22:14. In this context, the defendant at the investigation stage, at the investigation stage, reported B of the CCTV branch CCTV in the F Bank's one-day bank bank, or the JKho-gu building located together with B at the time of the arrest of the defendant.

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