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(영문) 인천지방법원 2020.02.13 2019고합610
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for one year.

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

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

1. The Defendant had the mind to purchase marijuana for the purpose of smoking by means of the method of “discipation” method from B known through Internet search, which was known to the Defendant through the purchase of marijuana and concealment of the relationship of attribution of illegal profits.

On December 19, 2018, the Defendant, at around December 19, 2018, requested the following: (a) to the effect that he/she expressed his/her intent to purchase marijuana through the “ smartphone telephone telegram” and (b) sent his/her identification card and photograph to the effect that he/she is not an investigative agency; and (c) received a request from B to the effect that he/she shall deposit the purchase price for marijuana in the bank account under the name of (e) C, with a “(Account Number: E) bank account in the name of (e); and (d) receive a request from B to the effect that the depositor’s personal information is entered F and G.

On December 19, 2018, the Defendant, despite being aware of the fact that he received the payment of marijuana in the name of a third party by using the prompt-name “Stopbook” in order to avoid tracking by investigation agency B, deposited KRW 180,000 in the borrowed-name account in the name of F in the name of F in the borrowed-name account in the name of D bank network branch in Jung-gu Seoul Metropolitan Government H on December 19, 2018, and sought 1 g of marijuana, which was concealed in the vicinity of Seongbuk-gu Seoul Metropolitan Government I.

Accordingly, the Defendant purchased marijuana and aided and aided the concealment of the ownership of illegal profits for the purpose of interfering with the investigation of the detection of narcotics crimes by B.

The prosecutor indicted the Defendant “aided and abetting the act of hiding the source of illegal profits, etc. and the reversion relation,” but the act of depositing the marijuana price in knowing the fact of the use of the borrowed name account by the hemp seller constitutes aiding and abetting the act of hiding the ownership relation of illegal profits.

In light of the legislative background and intent of the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, "illegal profits".

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