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(영문) 부산지방법원 2018.05.03 2017고단1332 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of two years and a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on November 29, 2016, and the said judgment became final and conclusive on July 29, 2017.

[Criminal facts] Even if the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On January 6, 2016, the Defendant was parked in the one-story parking lot for children of the U.S. in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu around 08:20.

B, in the CMW car owned by B, one million won was collected from B and sold a plastic phone with a white paper, which is composed of approximately 5g of Metepha (one-name “philopon”; hereinafter “philopon”) a local mental medicine, to him.

2. On January 12, 2016, the Defendant sent a plastic phone blicker with approximately 20g of plasticphones sold to B around 3050,000 won, to Kwikset service-based distribution, and sold philophones.

3. On January 15, 2016, at the same place as at No. 07:20 on January 15, 2016, the Defendant: (a) received KRW 100,000 from B; and (b) sold plastic phone bags containing approximately 0.15g of philophones to him.

4. On February 2, 2016, the Defendant: (a) received KRW 90,00 from B around D apartment units in Seoul Special Metropolitan City, Nowon-gu; and (b) sold a vinyl shotphone, which is composed of approximately 0.15 g philopon, to him.

5. On February 14, 2016, the Defendant: (a) around 23:55, around D apartment near Seoul Special Metropolitan City, Nowon-gu, sold a plastic phone blick with approximately KRW 700,000,000 to that person; and (b) sold a plastic phone blick with approximately 5g of a written phone.

6. On February 23, 2016, the Defendant: (a) sold a plastic phone with a 1810,000,000 won or more from B in front of F in Gui-si E; and (b) sold a plastic phone with a approximately 10 g of philopon to B.

7. On February 26, 2016, around 09:00, the Defendant sold 170,000 won from B at the H parking lot located in Gu-si G and sold a plastic phone with a cover of about 10 g of philopon to that person.

Summary of Evidence

1. The defendant's statement in court;

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