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(영문) 서울중앙지방법원 2020.12.11 2020고합892
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated MDMA (the name “EXM”; hereinafter referred to as “EXM”) and marijuana as follows:

1. On August 4, 2019, at around 04:52, the Defendant, at the residence of the Gangnam-gu Seoul Metropolitan Government (Seoul) Company B, sent 290,000 won to D through a company bank account (Account Number E) in the name of the Defendant, and 2.80,000 won was transferred from C to D, and then arranged for the trade of the X-si from D to the residence of the Seoul F Building G, Gangnam-gu Seoul Metropolitan Government, through Kwikset Services, by means of delivering 22 hours in the name of the Defendant.

2. On August 6, 2019, at around 19:07, the Defendant: (a) requested C to request C to use liquid marijuana c to transfer KRW 9.30,000 to the H bank account (Account Number I) in the name of D; (b) around 20:00 on the same day, at around 20:00, three marijuana cambages in the amount received from D from D in the Defendant’s residence of Gangnam-gu Seoul, Seoul, mediating C to trade marijuana directly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the contents of the Kakao Stockholm messages to the prosecution report (the analysis of video conversations files related to the medication of narcotics) investigation report (the confirmation of transfer of accounts for the purchase of narcotics to the C.C.), investigation report (the confirmation of marijuana mileage, MDMA market price and the calculation report of additional collection charges, accompanying materials, and evidence list Nos. 16, 17).

1. The sale and purchase of narcotics, etc. under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, etc., concerning criminal facts;

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