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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
【Defendant A’s past record of crime was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on April 19, 2018 and two years of suspension of execution in October, 2018, which became final and conclusive on April 27, 2018.
【Criminal facts, although all the Defendants were not the narcotics handler, they were willing to purchase and administer the marcule (one philophone; hereinafter “philophone”) which is a local mental medicine as follows.
1. Sale and purchase of phiphones;
A. On May 4, 2018, the Defendants: (a) pursuant to the foregoing conspiracy; (b) around 01:19, May 4, 2018, Defendant A decided to contact the sales of phiphones to E with the sales of phiphones (EID “F or G”; and (c) the Defendants sent 400,000 won to the D bank account (Account Number:J) in the name of the said D Bank’s name designated by the said non-specific person using the automatic cash withdrawal machine in the said D Bank’s AF center.
After that, the Defendants purchased philophones by finding about 0.5g philophones which were concealed in advance at a place where the address of Eunpyeong-gu Seoul, Seoul, where the above winners of the name was known and the address is unknown.
Accordingly, the Defendants conspired to sell and purchase philophones.
B. On June 21, 2018, the Defendants: (a) around June 21, 2018, pursuant to the foregoing conspiracy, Defendant A agreed to contact the Nonindicted Party E with the Nonindicted Party seller (EID “K,” and “L”) in the vicinity of the said D Bank, from Jun. 21, 2018, at around 05:27, Defendant A sent the amount of KRW 400,000 to the D bank account (Account Number J) in the name of the said D Bank designated by the said Nonindicted Party using the automatic cash withdrawal machine located in the said D Bank, and the Defendants also wired the amount of KRW 400,000 to the D bank account (Account Number J) in the name of the said D Bank designated by the said Nonindicted Party.
Then, the Defendants are the defendants.