외국인 마약구매처벌 Criminal penalties for foreign nationals Purchasing Drugs 마…

이세환 변호사

Attorney at Lawfirm Dongju

Criminal Law Specialist Attorney, Korean Bar Association

Former Court-Appointed Defense Counsel, Supreme Court of Korea

Former Court-Appointed Victim's Counsel, Suwon District Prosecutors' Office

Former Legal Counsel for Investigation-Related Civil Complaints, Suwon Nambu Police Station

Legal Counsel at Korean Dental Association

Legal Advisor at Flick Contents Lab (Company Developing Games to Support Victims of Sexual Crimes)

Lecturer for Counselors at the Seoul Metropolitan Police Agency School Violence Reporting Center (117)

외국인 마약구매처벌 텔레그램 SNS 구매 혐의 경찰조사 주의사항은?

Criminal penalties for foreign nationals Purchasing Drugs through Telegram and Social Media: What to know before a Police Interrogation

세줄요약

• 마약류관리법에서는 마약류취급자가 아닌 사람이 마약이나 향정신성의약품을 구매하는 행위를 엄격하게 금지하고 있습니다.

• 외국인 마약구매처벌 수위는 결코 가볍지 않으며, 나아가 사범심사에서 강제퇴거 조치가 이루어질 수 있습니다.

• 마약구매 경찰조사 결과는 향후 검찰조사나 재판에서 적극 활용되기 때문에, 불리한 내용이 남지 않도록 하는 것이 중요합니다.

Cases involving foreign nationals purchasing drugs through telegram and social media continue to arise in South Korea.

You may wonder why purchasing drugs alone could lead to legal consequences even if you have not used them.

Under South Korea’s Narcotics Control Act, unauthorized persons are strictly prohibited from purchasing or handling narcotic drugs and psychotropic substances.

Foreign nationals should be particularly aware that drug purchasing may lead not only to imprisonment, but also to immigration consequences including a Deportation Order.

01 How severe are the criminal penalties for foreign nationals who purchase drugs?

South Korea’s Narcotics Control Act contains a provision covering unauthorized purchase of drugs or certain controlled substances, even if the purchaser does not subsequently use them.

The applicable penalties may vary significantly depending on the type of substance involved, as outlined below.

• Narcotic drugs or Psychotropic substances under subparagraph 3 (a) of Article 2: Imprisonment with labor for an indefinite term or for not less than 5 years

• Psychotropic substances under subparagraph 3 (b) and (c) of Article 2: Imprisonment with labor for not more than 10 years or by a fine not exceeding KRW 100 million
• Psychotropic substances under subparagraph 3 (d) of Article 2: Imprisonment with labor for not more than 5 years or by a fine not exceeding KRW 50 million
• Cannabis: Imprisonment with labor for a limited term of not less than one year

These penalties illustrate how seriously drug purchasing can be treated under South Korean law. However, the potential consequences do not end with criminal proceedings.

A foreign national may be summoned by the immigration authorities for an Immigration Violation Screening. The authorities may assess whether the individual’s conduct warrants immigration-related measures under the Immigration Act.

Drug-related offenses are treated seriously under South Korean law. Furthermore, it is likely that criminal sentence for drug purchasing fall within the statutory grounds for a Deportation Order.

※ Statutory grounds for a Deportation Order: A sentence of a fine more than KRW 3 million

If you cannot establish circumstances supporting your status of stay in South Korea, you may receive a Deportation Order and be required to leave the country.

02 What should you do before a police interrogation for drug purchasing?

The first step is to determine whether you knew that the substance you purchased was a controlled drug. This distinction may significantly affect your defense strategy.

If you knew that the substance was a controlled drug and paid to obtain it, you should assess the available legal grounds for seeking a more favorable outcome.

Conversely, if you purchased the substance without knowing that it was a controlled drug, the priority is to search for any evidence that supports your defense against the allegation.

The next step is to prepare for statements to be made at police interrogation. This is because statements made during the police interrogation are recorded and may subsequently be used as evidence in the proceedings.

It is therefore essential to prepare a clear and consistent account to support your position.

Collecting evidence and preparing sentencing materials relevant to sentencing should proceed alongside in order to strengthen your defense.

However, since evidence can easily be deleted or destroyed over time, it is important to act promptly.

In terms of sentencing materials, it is important to identify which materials may help support your case before actually gathering them.

03 What should you avoid during a police interrogation for a drug purchase?

You must not make any false statements or conceal unfavorable circumstances simply to get through the immediate situation.

During a police interrogation concerning a drug purchase, you may believe that withholding unfavorable information or providing an inaccurate explanation will help you avoid or reduce criminal liability.

However, such conduct may undermine your credibility and reduce the possibility of receiving leniency if the investigative authorities later discover that you deliberately provided false information.

Please note that the objective is to provide a truthful account without making unnecessary statements that could expand the scope of the investigation.

04 FAQs about Criminal penalties for foreign nationals purchasing drugs

Q1. If I purchased drugs and also used them, could I be jailed even as a first-time offender?

If the conduct involved not only purchasing drugs but also using them, you may face criminal liability for two separate offenses. This may result in a more severe sentence, and even a first-time offender could face imprisonment.

It is therefore important to consult a lawyer experienced in drug-related criminal defense involving foreign nationals to assess the case and find an appropriate defense strategy.

Q2. Can I be punished if I paid for the drugs but have not received them yet?

Since the transaction constitutes purchasing itself, you may face criminal liability under Narcotics Control Act even if you have not yet received the drugs.

Q3. Can I avoid punishment by deleting my drug purchase records if the police do not find them?

No, since the police can recover deleted data through digital forensic analysis.

Even if the investigative authorities fail to recover the deleted data, they may obtain

relevant evidence from other sources, including transaction records and communications involving other individuals.

Please be aware that deliberately deleting or destroying evidence may lead to additional legal complications, depending on the circumstances.

05 Foreign nationals facing drug purchase charges must act promptly

Criminal penalties for drug purchases in South Korea can be severe. If you are facing allegations related to drug purchasing, it is important to develop a well-structured defense strategy from the earliest stage to seek the most favorable possible outcome.

However, language barriers can make an already difficult legal situation even more challenging for foreign nationals.

Lawfirm Dongju offers consultations in multiple languages, including English, Chinese, and French.

If you require assistance, please contact Lawfirm Dongju to discuss your situation and determine how to approach to the next steps.