(영문) 서울중앙지방법원 2018.12.19. 선고 2018고합902 판결

Nos. 1 to 125, 130, 133 to 143, which have been seized by the Defendant, shall be confiscated (except for the amount consumed for each expert evidence, respectively). 1,100,000,000 won shall be collected from the Defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Reasons

Criminal facts

B(B) The 'B/Japan' is the total responsibility of the organization of large-scale 'D' and the defendant and E, F, G, H (H, one-time IT), J, L, M, and N are the members of large-scale narcotics, the total responsibility of B, (one-time 'P', one-day 'B', and two-day 'P', and two-day 'P', and two-day 'W', respectively, play a role in the storage of the above 'P' and 'B', and five-day 'P', and five-day 'W', each of which play a role in the storage of the above 'P', 'P', T(one-day 'U', one-day 'W', and two-day 'H', and 'Y', 'W', and 'W', respectively, are supplied to the 0-day women in charge of narcotics, etc., and the defendant and the 'Y2', Inc., together with the above 'MMMG 'W'M'.

1. Import of philophones;

According to B’s instructions, the Defendant leased the following: (a) the chemical factory (hereinafter referred to as the “factory”) and (b) the Seodaemun-gu Seoul Seodaemun-gu Seoul (hereinafter referred to as the “1B Y”) to keep the machinery scheduled to be imported from around April 1, 2018 to April 4, 201; and (c) the equipment of Seodaemun-gu Seoul (hereinafter referred to as the “1B YY”).

On May 4, 2018, the Defendant purchased a cuter, scam, etc. from “AA” located within the territory of Guro-gu Seoul Metropolitan Government and brought about to the factory ①. Around that time, the Defendant manufactured a pre-explor in a concealed state of approximately 112 km, and then, (i) made a bill of lading and a invoice as if he imports the pre-explor in a factory, and shipped the pre-explor into the “AB” cargo line at the Thai-gu Port of Thailand around July 5, 2018, and the said cargo line arrived at the Busan B06, as the Busan East-gu B B, Busan, on July 6, 2018. Accordingly, the Defendant imported the pre-explor for profit-making purpose in collusion with B, etc.

2. Management of Handphones;

On July 20, 2018, the Defendant moved to a factory around July 20, 2018. From July 24, 2018 to July 25, 2018, the Defendant cut off the upper part of the aforementioned pre-explor with G by cutting off the upper part of the pre-explor with G, etc., and divided approximately 112 km in the said pre-explor, into four shuttlers for internal travel. On July 25, 2018. E and F moved to a studio (20:70,000,000 won in cash, up to 70,000,000,000 won in a 20-round July 25, 2018. The Defendant conspireded with H and J, up to 7:0,000 won in cash, and then found the remaining 1:51,000 won in a 20-round hotel, etc., 2018.

3. Receipt of Handphones;

A. According to B’s instructions, between July 26, 2018 and July 28, 2018, the Defendant issued 3g of chophonephones directly to a purchaser of chophones for sampling in front of his name in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

B. On August 8, 2018, at around 13:00, the Defendant concealed approximately 1.86g of a sampling phone in the male toilet gate of “AF” coffee shop in Mapo-gu Seoul, and issued a philopon free of charge to the purchaser of the 'AG’-rating crophone by informing the purchaser of the location where the 'AG'-manufacturing crophone is concealed.

Accordingly, the defendant received philophones over two times.

4. Sale of philophones;

A. On July 29, 2018, at around 12:00 on July 29, 2018, the Defendant directly sent approximately KRW 7 km to AJ from Jongno-gu Seoul AH hotel AI.

B. On July 30, 2018, from around 17:00 to 18:00, the Defendant directly dried about 7 km from a penphone to AJ in Mapo-gu, Seoul. The Defendant, according to B’s instructions, sold approximately 8 km-phones to AO in Dongdaemun-gu Seoul AM hotelN around 11:54 on August 18, 2018. Accordingly, the Defendant, in collusion with B, sold approximately 22 km-phones.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and V;

1. A copy of the detailed list of transactions of concealed factories, tools, tools, etc., real estate lease contract, import cargo/customs clearance information, import declaration, CCTV and other photographs, currency records, each CCTV, mobile phone hosting photographs, scopon-copon photographs, monthly contract principal, customs declaration original, bill of lading, bill of lading, invoice, packing statement, and copy of A passport;

1 Parts 1

1. Each list of seizure and protocol of seizure (other than Nos. 29, 30 of the evidence list), each narcotics appraisal report (other than No. 110 of the evidence list);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 58(2) and 58(1)6, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act; Article 30 of the Criminal Act; Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; Article 30 of the Criminal Act (the point of management, receipt

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes Concerning the Violation of the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the Import of Handphones with the largest punishment)

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

1. Order of provisional payment: proviso to Article 67 of the Narcotics Control Act (the basis for calculation of a surcharge: 22 km (excluding 90 km seized by the defendant) x 50,000,000 won (one km wholesale price per wholesale price) = 1,100,000,000 won)

1. The scope of applicable sentences under law: Imprisonment with prison labor for 10 years to 45 years;

2. Scope of recommendations according to the sentencing criteria;

(a) A primary crime;

[Determination of Types 4] Import, Export, etc. of Narcotics (for profit-making purposes or habitual offenders)

[Special Aggravationd Persons] Aggravationd: organizational or professional crimes

[Scope of Recommendation] 9 years to 14 years (Aggravated Field)

(b) Crimes under paragraphs 2 and 3;

[Determination of Types] Type 2, such as assistance in the trade of narcotics (mariju, item (b) and (c), etc.)

[Special Aggravationd Persons] Aggravationd: organizational or professional crimes

[Scope of Recommendation] One year and six months to Four years (Aggravated). The scope of final sentence according to the standards for handling multiple crimes.

From 9 to 17 years of imprisonment (i.e., the first crime + the second crime maximum + 1/2 + 3/3 of the third crime maximum) when considering the harm and injury inflicted on individuals and society by narcotics, etc. that have been sentenced on March 3, 200, there is a need to strictly cope with narcotics crimes in order to protect our society and members from the recent global, widen and organized narcotics crimes. Narcotics organizations do not continue to exist only with the core members of the organization, but can continuously block and maintain the narcotics crime through the cooperation of those who share the action, such as narcotics delivery and delivery books, and even if they are on the simple transportation and delivery books, they cannot be assessed against the crime liability. In particular, the crime of this case was committed by narcotics and violent researchers in other countries, who intend to sell phonephones in Korea, and thus need to strictly punish them. The Defendant received and sold phones to the largeest amount of 12 k. The Defendant received and sold them to the Defendant.

However, the defendant recognized the crime of this case, and there is no record of being punished for a crime in Korea, and was involved in the crime only by following the direction of the general responsibility. In addition, the defendant's age, character and behavior, health status, family relationship, circumstances leading to the crime, means and result of the crime, various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.