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(영문) 창원지방법원 통영지원 2012.12.18 2012고단108
마약류관리에관한법률위반(향정)
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[Criminal Power] On September 21, 201, Defendant A was sentenced to two years of suspension of execution on September 29, 201, for the violation of the Act on the Control of Narcotics, Etc. (fence) in the Changwon District Court’s territorial branch, and the said judgment became final and conclusive on September 29, 2011.

Defendant

B On September 25, 2009, the Changwon District Court rendered a suspended sentence of two years for a crime of violation of the Act on the Control of Narcotics, etc. on the grounds of imprisonment with prison labor for one year, and the said judgment became final and conclusive on October 6, 2009, and on February 12, 2010, the Suwon District Court sentenced eight months to imprisonment with prison labor for a crime of violation of the Act on the Control of Narcotics, etc. on the grounds of the said judgment on May 8, 2010.

【Criminal Facts】

1. Defendant A is not a person handling narcotics, even if Defendant A is not a person handling narcotics:

A. On October 14, 2009, 16:00 Masan-si, Masan-dong, purchased a single-use injection machine with approximately KRW 400,000 out of KRW 500,000,000,000, and approximately 0.12g, from F, from October 15, 2009, to transfer the remainder of 100,000,000 won of phiphones to a corporate bank (G) bank account in the vicinity of the New World department store located in Masan-dong; and purchase of phiphonephones by means of remitting the remainder of 10,000,000 won;

B. On February 2, 2010, in the Hamsung-gun H Ham-gun Hamman purchased 0.06 ghopon from F to F’s bank account on March 22, 2010, by means of remitting KRW 2.50,000 from H to F’s bank account.

2. Defendant B is not a person handling narcotics, even though Defendant B is not a person handling narcotics:

A. On August 2, 2009, at Kelel near the J market in Changwon-si, Changwon-si, one million won out of the purchase price of 3.5 million Won is transferred to the LAF account (M) used by Defendant B, and the remainder of 2.5 million won is received by offsetting F’s existing claim against Defendant B by 2.5 million won, and the F trades approximately 2.1g of the opphone to F;

B. As above, the Defendant’s residence located near the Defendant’s dwelling place located in Gyeong-gun N in Gyeong-gun around August 24, 2009 was returned to the beneficiary of the F’s resistance that the quality of the phiphone sold to F was deteriorated.

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