Deals & Cases

Violation of the Narcotics Control Act (Psychotropic Substances)
Violation of the Narcotics Control Act (Psychotropic Substances)Suspended Sentence

Mokpo Law Firm Assistance | Client Assisted by Daeryun on a Violation of the Narcotics Control Act Receives a Suspended Sentence

The client was brought to trial on charges of leading and conspiring in a scheme to drug an acquaintance in order to win a golf bet.

1. The Client's Situation

The client was brought to a criminal trial on charges of a violation of the Narcotics Control Act. The client, who also faced charges of fraud and attempted fraud, needed the assistance of an attorney experienced in narcotics cases.

The Story of the Client Assisted by the Mokpo Attorney

The Mokpo Law Firm listened to the client's detailed account.

The victim was an acquaintance of the client, and the two had long played golf together, engaging in what is commonly called ‘betting golf.’

The accomplices in this case conspired together to secretly make the victim consume a substance containing narcotics and, while the victim's physical and judgment abilities were impaired as a result, attempted to defraud him of money through betting golf.

Although the client was not at the scene at the time of the offense, he was charged on the basis that he planned this offense and conspired in it together with the others.

Feeling the fear of an actual custodial sentence, the client urgently sought out the Mokpo Law Firm and decided to proceed with the case together with Daeryun's attorney experienced in narcotics cases.

Relevant Statutes Explained by the Mokpo Attorney

The client attempted to win a golf bet by secretly mixing a substance containing narcotics into the victim's drink, and through this he attempted to defraud the victim of property. This constitutes the crime of fraud.

Criminal Act, Article 347 (Fraud)

A person who defrauds another to obtain property or to acquire pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.

In addition, it was also a problem that the client, although not a narcotics handler*, attempted to use narcotics.

Narcotics Control Act

Article 4 (Prohibition of Handling of Narcotics by Persons Other Than Narcotics Handlers)

① A person who is not a narcotics handler shall not engage in any of the following acts.

1. Possessing, owning, using, transporting, managing, importing, exporting, manufacturing, dispensing, administering, delivering, trading, arranging the trade of, or providing narcotics or psychotropic drugs

* Narcotics Handler : Under the ‘Narcotics Control Act,’ a person who has obtained permission or designation for the management of narcotics.

This includes narcotics import and export businesses, narcotics raw material users, cannabis cultivators, narcotics wholesalers, narcotics managers, narcotics handling academic researchers, narcotics retailers, and narcotics handling medical practitioners.

Article 61 (Penal Provisions)

① A person who falls under any of the following shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won.

5. A person who, in violation of Article 4(1), trades, arranges the trade of, delivers, possesses, owns, uses, manages, dispenses, administers, or provides a psychotropic drug falling under Article 2, subparagraph 3, item (d), or a psychotropic drug containing such a substance, or a person who issues a prescription stating such a psychotropic drug

☞ Go to the Page for Preliminary Review of the Level of Punishment for Narcotics Crimes

2. The Mokpo Law Firm's Assistance for the Client

After recognizing that the client could not deny the offense at all, the Mokpo Law Firm provided assistance as follows in order to obtain the greatest possible reduction of sentence.

The Client Admitted and Confessed to All of His Crimes

Although the client was not at the scene at the time the offense occurred, he confessed to all of the facts of having conspired in this matter with the other defendants.

He also argued that he had completed compliance education, pledging that he would not fall into the temptation of such a crime again and would live diligently.

The Client Gained No Criminal Proceeds from This Case

The client argued that, because he did not take part in the betting golf with the other defendants and the victim, he had not in fact gained any criminal proceeds, and that the amount of harm from the charged fraud and attempted fraud offenses was also not large.

The Client Apologized to the Victim and Reached a Settlement Through Sufficient Compensation for the Harm

The client continued to convey his apology to the victim and, by paying a settlement amount, obtained a statement of no wish for punishment.

He also argued that, seeing the client's sincere apology, the victim had personally written a petition on his behalf.

3. Mokpo Law Firm Assists the Client and Succeeds in Securing a ‘Suspended Sentence’

As a result of the Mokpo Law Firm's assistance to the client, the client was sentenced to a ‘suspended sentence,’ succeeding in avoiding an actual custodial sentence.

Narcotics crimes differ markedly from ordinary criminal cases in their investigation procedures and sentencing guidelines. Investigative agencies and the courts have declared that they will conduct stringent investigations and impose stringent punishment, and because the possibility of detention-based investigation and severe punishment is high, a thorough response from an early stage with an attorney experienced in this area is important.

Daeryun's narcotics response group is composed of attorneys experienced in criminal matters who specialize in narcotics cases and possess the experience and know-how of the judicial and investigative agencies, providing active assistance to clients, so if you need help with such matters, please feel free to visit the Mokpo Law Firm at any time.

목포법무법인 조력 | 마약류관리에관한법률위반으로 대륜 조력받은 의뢰인, 집행유예

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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