A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

1. On July 1, 2017, the number and medication of Metephopa (one philophone; hereinafter referred to as “philoopon”) clopa.

A. On July 1, 2017, the Defendant: (a) intended to purchase a phiphone from the sales book of a smartphone, through a smartphone-making hosting type C; (b) transferred KRW 400,000 to the account of a corporate bank (deposit holder: Limited Company D, Account Number: E) known by the foregoing sales book; and (c) received approximately 0.5g of a phiphone, which was contained in a transparent fluoring book in the G Station located in Bupyeong-si, Busan at around 17:30 on the same day, after delivery of the place where the phiphone is hidden from the above sales book.

B. On July 1, 2017, at around 23:00, the Defendant: (a) placed approximately 0.03g of phiphonephones purchased at the Defendant’s residence located in the Nam-gu Incheon Metropolitan City H lending 401; (b) melted approximately 0.03g of phiphones purchased as above in a single-use injection machine; and (c) injected them into the Defendant’s arms.

2. On September 1, 2017, the Defendant: (a) inserted approximately 0.03 grams in a one-time injection machine at the above Defendant’s residence on September 1, 2017; (b) recorded approximately 0.03 grams in a single-time injection machine; and (c) injected in the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold philophones, a local mental medicine, once and administered twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions in the name of limited company D;

1. Data on CCTV images and photographs of financial institutions ATM;

1. A detailed statement of transactions to be used by the recipient;

1. Apine narcotics appraisal report and Apine narcotics appraisal report;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The Criminal Procedure Act of the Provisional Payment Order.