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(영문) 인천지방법원 부천지원 2020.06.10 2020고단1431
출입국관리법위반등
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1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

No person other than a person handling narcotics shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, give or receive, trade, arrange for trade of, or provide psychotropic drugs.

Defendant, B (B, one person C), D (D, one person E), F (F, one person G) is not a person who illegally stays in the Thailand’s nationality, and is not a person who handles narcotics.

1. On April 26, 2017, the Defendant violated the Immigration Control Act: (a) was a married foreigner who entered the Republic of Korea as a short-term tourism visa (B1); and (b) was staying in the Republic of Korea from July 26, 2017 to April 7, 2020 without obtaining permission for extension of the status of stay from the Minister of Justice.

Accordingly, the defendant was staying outside the scope of the status or the period of stay.

2. Violation of the Narcotics Control Act;

A. At around 01:00 on December 28, 2019, the Defendant purchased approximately 400,000 gram of psychotropic drugs from J (hereinafter “Handphone”) in front of the Defendant’s workplace located at H at P, the Defendant sold and purchased approximately 00,000 gram of psychotropic drugs, from the Defendant’s dormitory located at H at P, on December 28, 2019. (2) On December 28, 2019, the Defendant sold and purchased approximately 0.2 grams of opphone to B, D, and F, respectively.

3) On March 28, 2020, the Defendant decided to purchase approximately KRW 1.2g of the instant J from the said J at the place indicated in paragraph (a) (i) of Article 2-A on March 28, 2020. The Defendant paid KRW 200,000 in cash to the taxi engineer who sent by the said J, and brought about the price of the cigarette containing a penphone in the back of the taxi. After arrest of the Defendant, the Defendant did not pay the remainder of KRW 200,000 to the said J.

Accordingly, the defendant purchased approximately 1.2 grams from the above J in 40,000 won.

4) On April 4, 2020, at around 21:00, the Defendant sold and purchased approximately 0.2 grams of 0.2 grams to B from the Defendant’s dormitory as set forth in Article 2-A(2).

5) The Defendant’s dormitory on April 4, 2020 to B above at the Defendant’s dormitory on April 23, 2020 (A) No. 2-2).

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