Defendant

The highest number of persons (prosecutions), the west line, the long-term truth, the Kim Jong-tae (Public trial)

Law Firm Songin, Attorney Kim Jong-sung

Defendant shall be punished by imprisonment for three years and fine for 5,00,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

315,668,700 won shall be additionally collected from the defendant.

The amount equivalent to the above fine and the additional collection charge shall be ordered to be paid provisionally.

Punishment of the crime

【Criminal Power】

On May 16, 2017, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (mariju) in the Goyang Branch of the District Court, and completed the execution of the above sentence on March 14, 2018.

【Criminal Facts】

공소외 4(필로폰 판매의 총책, 텔레그램 대화명 : ‘(대화명 1 생략)’, ‘(대화명 2 생략)’, 위쳇 대화명 : ‘(대화명 3 생략)’), 공소외 1 및 공소외 2 등은 2018. 5.경 인천에 있는 상호불상의 식당에서, 인터넷에 필로폰 판매광고를 게시한 다음 이를 보고 연락해 오는 매수자들로부터 SNS 어플리케이션인 ’텔레그램‘을 이용해 특정 계좌로 필로폰 대금을 송금받고, 미리 소분 포장하여 서울 등지에 은닉해 놓은 필로폰에 대한 주소 등을 알려주는 방식으로 필로폰을 판매하기로 하고, 피고인은 공소외 1 등이 위와 같은 방법으로 필로폰을 소분하여 판매하고자 한다는 사실을 알면서도 공소외 1에게 필로폰을 공급하기로 하였다.

Accordingly, on July 3, 2018, Nonindicted Party 1, along with the above Nonindicted Party 2, transferred KRW 450,000 from Nonindicted Party 7, the purchaser of the penphone, to the account of Nonindicted Party 8 community credit cooperatives (Account Number omitted), and sold the penphone supplied by the Defendant using bus freight services, and sold approximately 0.5g of the penphone from around that time to August 28, 2018, Nonindicted Party 1, upon receiving KRW 2,750,000 from the Defendant and continuously received KRW 30,000 from the Defendant, and had the Defendant receive KRW 40,000 from Nonindicted Party 7 to the account under the name of Nonindicted Party 8’s community credit cooperatives (Account Number omitted), and the total amount of KRW 40,00,00 from the Defendant’s account number from around 29, 2018 to the Defendant’s account opened in the name of Defendant 2, including Nonindicted Party 4, a total of KRW 300,000.

Accordingly, the Defendant, knowing that Nonindicted Party 1 wanted to subdivide and sell phiphones as above, aided and abetted Nonindicted Party 1 to conduct the trade of phiphones by providing approximately KRW 400,000 per 1g, a total of 13 times between May 2018 and March 2019, by supplying phiphones worth KRW 180,00 per 1g.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of Nonindicted 6’s witness

1. Each statement made by the witness Nonindicted Party 1 in the first trial record among the witness Nonindicted Party 2 and the second trial records

1. Each prosecutorial suspect interrogation protocol Nos. 2, 3, 4, and 5 against Nonindicted Party 1

1. The prosecutor’s statement on Nonindicted 2 (including the part concerning Nonindicted 1’s statement)

1. The prosecutor’s statement concerning Nonindicted 6

1. Investigation report (the CCTV screen relating to the withdrawal of the suspect Non-Indicted 3's purchase price in the suspect's cell phone), investigation report (the securing of additional data, such as discovery of yellow data related to the sale of the philophonephone, from the suspect's cell phone), investigation report (related to Non-Indicted 1's wife Non-Indicted 10's cell phone), investigation report (the defendant's statement related to Non-Indicted 1's wife Non-Indicted 1's wife, Non-Indicted 1's indictment and attachment of Non-Indicted 2's judgment), sales of the philophone, advertising writing, and the closure of Non-Indicted 2's indictment and attachment of Non-Indicted 2's judgment), investigation report (the investigation results related to the crime of this case's SNS), investigation report

1. A statement from Nonindicted 5, extracted from a set of set of a set of statements, sent by Nonindicted 5 to Nonindicted 10, and a statement from Nonindicted 5, extracted from a set of a set of statements, sent by Nonindicted 5 to Nonindicted 5, near the Defendant’s residence

1. A report on investigation (calculated additional charges);

1. Previous records of judgment: Investigation report (verification of a criminal suspect's repeated crime, and attachment of related judgments), and criminal records;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 6(2) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, Articles 60(1)2, 4(1)1, and 2 subparag. 3(b), and Article 32(1) of the Criminal Act (a) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, Etc.

1. Aggravation of repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Statutory mitigation;

Articles 32(2), 55(1)3 and 6 of the Criminal Act (a crime of aiding and abetting)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. Additional collection:

Article 16 (1), Article 13 (1) 1, the proviso of Article 67 of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, Etc.

[Grounds for calculating the amount of additional collection: 315,668,700 won (i.e., 327,308,700 won from the sale of philophones due to the violation of the Act on Special Cases Concerning the Prevention of Illegal Trading in Narcotics, etc. - Amount confiscated by Nonindicted 1 of the principal offender and confiscated from Nonindicted 1)]

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one year and six months to twenty-five years, and a fine of twenty five thousand won to fifteen million won;

2. The sentencing criteria are not set for a violation of the Act on Special Cases concerning the Prevention of Illegal Transactions in Narcotics;

3. Determination of sentence: Imprisonment with prison labor for three years, and a fine of five million won;

Since narcotics-related crimes are highly harmful to the society due to the toxicity of narcotics and possibility of causing other crimes, etc., and the risk of recidivism is high, it is necessary to strictly punish them. In particular, the Defendant supplied a large amount of phiphones over 13 times to Nonindicted 1, etc., the principal offender, so that the principal offender can distribute a large amount of phiphones to the public by using so-called phiphones. Although the Defendant is a aiding and abetting crime, it is not very good that the principal offender would not distribute a large amount of phiphones if he did not have the supply of phiphones. Furthermore, there is a high possibility of criticism or a high need to punish the principal offender in the instant crime. Furthermore, even before, the Defendant has been punished once a suspended sentence of the same kind of crime and three times a sentence of punishment, and even during that repeated crime period, the Defendant may not be held seriously liable for the instant crime, even though it is under the period of repeated crime.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, and sentencing against accomplices, etc., the sentencing conditions under Article 51 of the Criminal Act, which are shown in the records and arguments of this case, shall be determined as ordered by considering the following factors: (a) the defendant has shown an attitude to reflect his mistake while making a confession of the crime of this case late; and (b) the cooperation in the investigation is being carried out in the future.

(attached Form omitted)

Judges Park Jong-hee (Presiding Judge)