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(영문) 부산지방법원 2018.12.07 2018고합411
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Nos. 1 through 6, 10 through 24, 27, 28, 30, 31, and 32 of the seized evidence.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On November 2017, the Defendant: (a) knew of the fact that the Defendant sold a server on the “D” website in which the Defendant used smartphones from the Defendant’s home located in Busan-gu B building and the Defendant’s home located in the U.S.; (b) attempted to import narcotics into the Republic of Korea by international express mail from the nameless boxes (the sender’s “E”), who reside in the U.S., with the knowledge that the Defendant sold AMB-FUINACA; (c) 5-FLO-MB-PIC (the term “a synthetic marijuana”; hereinafter referred to as “JWH-018 similar bodies”); and (d) tried to import narcotics into the Republic of Korea through international express mail.

On December 2, 2017, the Defendant ordered JWH-018 similar body 10g by exchanging e-mail with the above site manager using a smartphone, and settled KRW 100,000 using a credit card in the name of female F living together.

On December 2, 2017, the person in whose name the mail was sent to the Republic of Korea through international express mail after concealing approximately 10 g of JWH-018 similar body in the U.S., stating that the mail was “G” as “H apartment I,” and that the mail was sent to the Republic of Korea on December 2017, the mail was sent to the Republic of Korea through international express mail. The mail was sent to the Incheon International Airport located in the Jung-gu Incheon International Airport, Jung-gu, Incheon, Seo-gu, Incheon, as the flight bifon bife in the attached list of crimes, and the Defendant imported from the person in whose name was in the U.S. during seven times from the beginning of December 2017 to the lower day of August 2018, the Defendant purchased WH-018 similar body total of KRW 2520,000,000 from the person in whose name was in the U.S. to the Republic of Korea.

Accordingly, even if the Defendant is not a narcotics handler, he imported JWH-018 similar body, which is a local mental medicine, into the Republic of Korea.

2. Possession of narcotics;

A. On August 28, 2018, around 14:30 on August 28, 2018, the Defendant was placed in 05 vinyls imported in the U.S. using the aforementioned methods on the back of Lbenz driver’s seat and a paper box located in the back seat of Lbenz driver’s seat.

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