Guilty Verdict Even If Only a Toy Box Was Transported Believing It Was Drugs, Rules Supreme Court

[Financial News] The Supreme Court of Korea has ruled that a person involved in a drug-related crime can be found guilty if they believed they were transporting narcotics, even if the box actually contained only toys and no drugs.
According to the legal community on the 25th, the Supreme Court of Korea’s third division, presided over by Justice Lee Sook-yeon, recently upheld a lower court’s sentence of three years in prison for Mr. A, who was indicted on charges of violating the Narcotics Control Act, among other offenses.
On July 31 of last year, following instructions from a drug dealer, Mr. A collected an international parcel containing toys in Bono-dong, Sangnok-gu, Ansan-si, believing it to be narcotics. He was acting as a 'courier,' responsible for transporting the drugs to a designated location. However, the drugs in the box had already been removed by customs, leaving only toys inside.
Mr. A's defense argued that the international parcel did not contain substances similar to or equivalent to narcotics, and that collecting and opening the box to confirm the absence of narcotics did not constitute 'possession.'
Both the first and second trials rejected Mr. A's claims and sentenced him to three years in prison. The court noted, "The law stipulates 'drugs or other items,' and does not restrict the nature or appearance of the items as long as they could be mistaken for narcotics."
Article 9-2 of the current Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc. states that anyone who transfers, receives, or possesses drugs or other items, believing them to be narcotics for the purpose of committing a narcotics-related crime, shall be punished by up to five years in prison or a fine of up to 5 million won.
The Supreme Court of Korea's decision was consistent with the lower courts. The court stated, "The law refers to 'drugs or other items' as the object of recognition for narcotics, without limiting the form or nature of the items. Therefore, any item perceived as narcotics falls under the relevant provision in this case."

[email protected] Lee Hwan-joo Reporter