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(영문) 창원지방법원 마산지원 2016.08.30 2015고단841 (2)
마약류관리에관한법률위반(향정)등
Text

1. Defendant A shall be punished by imprisonment for three years.

3,900,000 won shall be additionally collected from the defendant.

2. Defendant B.

Reasons

Punishment of the crime

[criminal history] On September 13, 2012, Defendant A was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court on September 13, 2012, and completed the execution of the sentence at the Changwon Prison on March 2, 2013.

Defendant

B On December 8, 2015, the Changwon District Court was sentenced to imprisonment for one year with labor for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on December 16, 2015.

[Criminal facts] 2015 Highest 841 (Defendant A)

1. A point of selling the Defendant’s clickphones (one philophones; hereinafter referred to as “philophones”);

A. On May 2014, the Defendant received KRW 250,000 from F and sold 0.7 gramphones within the white K 5 rental car operated by the Defendant, parked in the front side of the NAC in Changwon-si, Changwon-si, Masan-si, and sold approximately KRW 0.7 grams.

B. On July 2014, the Defendant received KRW 250,000 from F and sold approximately 0.7 grams to F and 0.7 grams in the instant car operated by the Defendant, who was parked in the alley path near H hotel G in Changwon-si, Changwon-si G.

2. On September 11, 2014, the Defendant: (a) received KRW 1.5 million from JK in the Chang-si, Changwon-si, JK 202, and sold 10 grams of phiphonephones to I, a book selling phiphones; and (b) sold 10 grams of phiphones.

3. On March 4, 2015, from around 11:00 to 13:00 on March 4, 2015, the Defendant and L in collusion with the Defendant to trade phiphones between the Defendant and M, containing the phiphones in L, which the Defendant was in possession of at least 0.14 gramphones, 3-4 popons administered from L’s hand, in which the Defendant had been requested from M to ask for phiphones from M, and the Defendant received KRW 100,00 from Defendant M to receive KRW 100,000 from L’s hand.

After this, L, with knowledge of this fact, sold 100,000 won to L, and L, with knowledge of this fact, by means of receiving KRW 100,000 won.

4. On March 10, 2015, the Defendant, who traded phiphonephones between the Defendant and M, was at the window of around 22:10.

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