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A defendant shall be punished by imprisonment for not less than two months.
30,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
[Criminal Power] On November 15, 2019, the Defendant appealed a year after having been sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on November 15, 201, and is currently in the appellate trial.
【Criminal Facts】
The Defendant is not a person dealing with narcotics, etc. that can handle psychotropic drugs, such as a psychotropic drug, a machinelopon (one-name “philopon”, hereinafter referred to as “philopon”).
On August 5, 2019, the Defendant decided to contact with SNS providers (one-time “B”) and purchase phiphones by contact with SNS providers (one-time “tels”), and deposited KRW 300,000 in the AAB bank account (Account Number: AD) in the name of the said seller at the AAB branch of the AA bank located in Yang-si, Yangyang-si, Yangyang-si, and failed to receive phiphones from around 19:00 on the same day after deposit at the AAB branch of the AA bank located in both 17:31 on the same day.
Accordingly, the defendant tried to purchase philophones and attempted to purchase philophones.
Summary of Evidence
1. Defendant's legal statement;
1. AAE (the account transaction statement from June 1, 199 to 8.7) in the name of AC;
1. Data from CCTV images of financial institutions (A);
1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);
1. Article 60 (3), Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;
1. The proviso to Article 67 of the Narcotics Control Act;
1. In light of the fact that the instant crime was committed during the period of the suspended sentence for the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act, but the suspended sentence was revoked and the said suspended sentence was imposed, and that the Defendant was sentenced to one year to imprisonment with prison labor at the Suwon District Court for another crime related to phiphonephones committed at a similar time and is still pending in the appellate trial, etc.