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(영문) 서울중앙지방법원 2017.12.21 2017고단6686
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 to 5 or 11 shall be confiscated by the accused.

Reasons

Punishment of the crime

[criminal records] On February 3, 2015, the Defendant was sentenced to three years of imprisonment with prison labor at the Busan District Court for the crime of conflict, and was released on October 28, 2016, and the term of imprisonment terminated on December 11, 2016.

[Criminal facts] Although the Defendant is not a narcotics handler, he dealt with philophones as follows.

Defendant, along with C(DID “E”) in Cambodia, intended to sell phiphones, and C et al. conspiredd with each other to divide and conceal the phiphones brought from Cambodia to the Defendant and to conceal them at a designated place, and the Defendant conspiredd with C et al. to take charge of the role of transmitting the relevant place and address pictures and sending them back to C by receiving cash in accordance with D’s instructions.

Accordingly, C wishes to trade 15 million won in total by dividing 100g of each number and 100g of each 100g of each 20g, five times, but if the first transaction is sexually conducted, it is decided to trade 15 million won in the form of a "sular phone" to inform the second place of concealment. The defendant, according to C's instructions, concealed 100g of opphone into five parts and sent the photographs of the place and address to C.

1. Around 18:50 on September 10, 2017, the Defendant, who attempted to sell phiphones, was placed in the middle of the first floor of the Seoul Gangnam-gu Seoul Metropolitan Government F Housing, for the purpose of selling approximately 20.17g phiphones, and on the same day, the Defendant was arrested by an investigator in charge of narcotics investigation in the metropolitan investigation of the Seoul National Police Agency, Seoul Local Police Agency, who found KRW 3 million in cash that the purchaser included in the name of the purchase price of phiphones, around 21:16.

Accordingly, the defendant conspiredd with C, etc. to sell philophones, but did not bring about such intent but did not commit an attempted crime.

2. Management of Handphones;

A. The Defendant is Seoul around 18:58 on September 10, 2017.

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