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(영문) 서울서부지방법원 2018.02.20 2017고단3675
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a narcotics handler, but a pharmacy founder.

1. On March 23, 2015, the Defendant sold drugs with a psychotropic spirit to KRW 180,000,000 for 180,000, i.e., buyers-D and telephone conversations at an insular location.

On March 23, 2015, the Defendant received from D on March 23, 2015 KRW 180,000 from D’s mother’s account E to the new bank account G in the name of the Defendant.

On March 23, 2015, the Defendant sent 28 other residents to D using home-based ships to receive D at Ho-Eup, and from then on March 10, 2016, the Defendant’s “suspects” stated in the daily list of crimes 1 and the daily list of crimes 2 is a clerical error of “Defendant”.

As described in the statement, the local mental medicine was sold over 13 times.

2. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act shall sell or acquire medicines for the purpose of sale;

On October 6, 2015, the Defendant decided to sell 50,000 won per 40,000 won by telephone conversations with buyer I at a non-place.

On October 6, 2015, the Defendant: (a) transferred 40,000 won to the new bank account G in the name of the Defendant from the KJ account in the name of the Defendant to the new bank account G; (b) sold drugs to I in the way of sending 50 U.S. S. 50 U.S. by using the home line to I; and (c) sold drugs over ten times from November 25, 2014 to March 9, 2016, as shown in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Protocols of police seizure and list of seizure;

1. Extraction data of digital evidence analysis (referring to the transmission and reception data, etc. of letters with medicine), copies of A transaction account books, etc., copies of forwarding documents of each case, etc.;

1. Application of Acts and subordinate statutes to investigative data (a separate list of bank deposits in the above account), investigation reports (number of seized articles and the current status of requests for appraisal, etc.);

1. Article 1 of the relevant Act concerning facts constituting an offense and the selective management of narcotics;

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