A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence shall be confiscated from the accused. Nos. 6, 7, 8, 10, 11.

Punishment of the crime

[criminal records] On August 25, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Seoul Western District Court, and completed the execution of the sentence on December 31, 2016.

[2018 Highest 715] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philopon; hereinafter “philopon”) of a local mental medicine as follows.

1. On July 5, 2017, the Defendant: (a) stopped on the road side of the E store located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City; (b) 800,000 won of the purchase price of phiphones from F in the Defendant’s car parked on the road front of the store; and (c) sold F with approximately 5 g of the phiphones contained in a plastic paper to F.

2. On September 2017, the Defendant: (a) received a request from F to request the purchase and sale of phiphones from F to request the purchase and sale of phiphones; (b) on September 27, 2017, the Defendant: (c) on September 27, 2017, at the top of the H branch of KB National Bank H; (d) on September 27, 2017, at the end of the H branch of the KB National Bank of Korea located in Seocheon-si, Seocheon-si, the Defendant arranged F to sell 5g of phiphones to F to 1.1 million won; and

[2018 Highest 2397]

3. Notwithstanding that the Defendant is not a narcotics handler, on August 3, 2017, at around 2017: (a) requested I to use phiphones; (b) transferred the price of KRW 3 million (including KRW 200,000,000) to the account in I’s name; and (c) on August 4, 2017, the Defendant purchased phiphones by putting 20 gopphones from I on the Defendant’s vehicle parked in K located in J at the time of light name at around 00:10 and purchased phiphones.

Summary of Evidence

[2018 Highest 715]

1. Statement by the defendant in court;

1. Statement made by each prosecutor's office with respect to F (2018 order 2397);

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect with regard to I;

1. An inquiry of transaction details [before judgment];

1. The inquiry report;

1. A report on investigation (prior records and binding of judgments on narcotics);

1. Application of Acts and subordinate statutes concerning personal confinement;

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3 of the Act on the Control of Narcotics, etc. under the relevant Act concerning criminal facts.