Punishment for Online Drug Purchases? A Moment's Curiosity Can Make You a Convicted Criminal

Among those reading this article, some may be facing the risk of punishment for an online drug purchase. Recently, more ordinary people have been purchasing drugs online through platforms such as Telegram and other social media.

Telegram guarantees thorough anonymity and confidentiality, and its strong security features are being exploited for illegal activities such as drug transactions. As this has become a growing social concern, a severe sentence may be imposed if the relevant charges are established.

In particular, this type of offense has a high recidivism rate, making leniency difficult to obtain, and even first-time offenders may receive an actual prison sentence depending on the severity of the case, so you must promptly prepare a defense strategy.

In particular, since this case requires a strategic response to the initial statement and drug test conducted at the investigation stage, it is important to choose legal counsel who understands the police investigation process well.

At LAWFIRM LEAP, since specialized attorneys with experience at large law firms and as former police officers handle each case, we understand the perspectives of the police and prosecution better than anyone, and we can offer the best strategy for making a favorable case during the investigation stage.

With that in mind, today we will explain how to respond if you are investigated by police for purchasing drugs online, and provide defense strategies that can reduce your legal liability.

01What Is the Level of Punishment and Sentencing for Online Drug Purchases?

As punishment for drug distribution via Telegram has been strengthened, a distinctive feature of this type of case is that everyone involved—buyers, sellers, couriers, and others—tends to be identified one after another once such charges are uncovered.

If it is established that drugs were purchased online in this manner, under the Act on the Control of Narcotics, Etc., a person who is not a licensed handler of narcotics and who possesses, owns, uses, transports, manages, imports/exports, manufactures, prepares, administers, delivers, sells, or brokers the sale of a prohibited drug or psychotropic substance, or possesses or owns such a substance for such purposes, may be sentenced to life imprisonment or imprisonment for not less than 5 years.

02Article 58 (Penal Provisions) of the Act on the Control of Narcotics, Etc.

A person who falls under any of the following shall be punished by life imprisonment or imprisonment for not less than 5 years: ① A person who exports, imports, or manufactures narcotics, or sells or brokers the sale thereof, or possesses or owns such narcotics for such purposes ② A person who manufactures or exports/imports a substance that is a raw material for the manufacture of narcotics or psychotropic substances, or possesses or owns such a substance for such purposes ⑤ A person who imports or exports cannabis, or possesses or owns cannabis for such purposes

In addition, a person who inhales or possesses synthetic cannabis or cannabis e-cigarettes may be punished by imprisonment for not more than 5 years or a fine of not more than KRW 50 million.

03Article 61 (Penal Provisions) of the Act on the Control of Narcotics, Etc.

A person who falls under any of the following shall be punished by imprisonment for not more than 5 years or a fine of not more than KRW 50 million: ④ A person who smokes or ingests cannabis or the shell of cannabis seeds, a person who possesses such items, or a person who, knowing that another intends to commit such an act, sells or brokers the sale of such items

In particular, if it is established that a person not only purchased drugs but also habitually administered them, an enhanced penalty may apply, and if the person has a prior conviction for the same type of offense, leniency will be difficult to obtain. Therefore, you should not take this lightly and must establish a proper initial strategy.

Even if you purchased drugs online out of momentary curiosity and did not actually administer them, you may still be subject to punishment. Therefore, we recommend that you seek the assistance of a specialized attorney who can analyze the evidence, both favorable and unfavorable, and prepare your statement position accordingly.

04How Can You Defend Against an Actual Prison Sentence for Online Drug Purchases?

If you purchased drugs online, you will likely undergo a police investigation. In this case, you must find grounds to show that the purchase was not intentional and does not amount to a habitual act.

Furthermore, if you actually administered the drug, the drug test will likely reveal that fact, so it is advisable to admit the offense and appeal for leniency.

You must also demonstrate genuine remorse and prove that there is no likelihood of reoffending.

If you insist on being cleared of suspicion without basis, and the hair or urine test later confirms that you actually administered the drug, you may be found guilty of both purchase and administration, and the nature of the offense may be viewed more severely. Therefore, you must respond by establishing a sound initial strategy at the investigation stage together with legal counsel experienced in handling numerous similar cases.

Fortunately, if you are a first-time offender who promptly admits the offense and strongly demonstrates a determination not to reoffend, you may be able to obtain a Suspended Indictment at the investigation stage and avoid a criminal record.

However, if the case involves reoffending, an intentional and premeditated purchase, or other charges such as administration or distribution following the purchase, an actual prison sentence may be imposed. In such cases, you should focus on preventing detention and pursue a strategic response while identifying as many legally relevant mitigating factors as possible.

Since sentencing materials may vary depending on the specific circumstances of each case, and it is necessary to promptly identify evidence and arguments suited to the situation and respond before the investigation stage concludes, we strongly recommend handling your case with the assistance of an expert who fully understands the investigation process.

An attorney with a background as a former police officer understands the perspective of the police better than anyone else.

The attorneys at LAWFIRM LEAP have handled a wide range of criminal cases while working at Kim & Chang and Bae, Kim & Lee, two of Korea's largest law firms, and, as former police officers, have handled numerous cases in which the initial investigation stage was critical, including drug-related crimes. As a result, they possess in-depth expertise necessary for responding to investigations at an early stage.

Therefore, if you work with LAWFIRM LEAP, an attorney with experience at a large law firm and as a former police officer will personally support your case from beginning to end, actively substantiate your position, and take responsibility for helping you achieve a favorable outcome in your drug case.

We at LEAP understand your situation and your sense of urgency better than anyone, and we will mobilize all of our knowledge and expertise to help prevent you from becoming a convicted criminal and to secure the best possible outcome.

If today's information has not fully resolved your concerns, please feel free to contact LEAP at any time.

We will thoroughly prepare for your police investigation with an accurate analysis of your situation and a tailored initial strategy.

Thank you for reading this lengthy article.