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A defendant shall be punished by imprisonment for not more than ten 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
The defendant is not a person handling narcotics, but shall not trade psychotropic drugs.
1. On June 10, 201, the Defendant transferred KRW 600,000 to D, stating that “I will purchase phiphones,” and around 20:00 on the same day, the Defendant received approximately 0.5 grams of psychotropic drugs sent by D from the Seoul Station located in Yongsan-gu Seoul Metropolitan City to the KTX-specific transmission starting from the Busan Station (hereinafter referred to as “scopphones”) and purchased phiphones.
2. On June 24, 2011, the Defendant: (a) told D to purchase writingphones; (b) transferred KRW 3.50,000 won and KRW 300,000 to D, respectively, on the same day, around 16:34 years and around 18:19 days; and (c) received approximately 0.5g of penphones sent by D to the Seoul Station via Kwikset Services at the front side of the bank located in the Pungyang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu.
3. On July 13, 2011, the Defendant transferred KRW 600,000 to D, stating that “I would purchase phiphones.” On the same day, the Defendant received approximately 0.5g of phiphones sent from the Seoul Station located in Yongsan-gu Seoul, Yongsan-gu, Seoul and purchased approximately 0.5g of phiphones from the Busan Station.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution concerning D;
1. Application of Acts and subordinate statutes concerning specification of transactions;
1. Article 60 (1) 3 and Articles 4 (1) and 2 subparagraph 4 (b) (or choice of imprisonment) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201);
1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes as prescribed by the Act on the Control of Narcotics, etc. on July 13, 201, with the largest penalty);
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. The proviso to Article 67 of the former Act on the Control of Narcotics, Etc.;
1. The order of provisional payment;