Supreme Court upholds meth sale conviction despite immediate refund
Version 2: No new facts or changes to the ruling; a third outlet, Hankook Ilbo, reported the same Supreme Court decision with the same sentence and reasoning.
In short
South Korea's Supreme Court upheld a two-year-six-month prison sentence for a man convicted of selling methamphetamine, ruling the sale was complete even though the buyer returned the drugs and the seller refunded the money immediately. The court dismissed his appeal but cancelled a 40-hour drug rehabilitation order, saying he was convicted only of selling, not of using, drugs. A separate charge of methamphetamine use, based only on a hair test, had been dismissed because the time and method of the offence were not specified.
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South Korea's Supreme Court ruled that a methamphetamine sale is a completed crime even if the seller refunds the buyer immediately afterwards, Yonhap, Maeil Business and Hankook Ilbo reported. The court's Second Division, presided over by Justice Oh Kyung-mi, upheld a sentence of two years and six months in prison and a forfeiture of 500,000 won, and dismissed the defendant's appeal after finding no error of law in the lower court's reasoning. [ 1 , 2 , 3 ]
The defendant, identified only as A, was indicted for handing 1.4 grams of methamphetamine to a buyer identified as B inside his car in January 2025 and receiving 500,000 won transferred to an account held in another person's name. B returned the drugs on the spot, saying the quantity was smaller than expected, and A refunded the money, the reports said. [ 1 , 2 , 3 ]
The first trial acquitted A of the sale charge, convicted him of attempted sale instead and sentenced him to one year and two months, a 40-hour drug rehabilitation programme and a 500,000 won forfeiture, finding no sale had taken place because B refused the drugs and demanded a refund at the scene. The appeals court accepted the prosecution's appeal, found the sale had in fact been completed and raised the sentence to two years and six months. It reasoned that payment had been made before the two met and that B was able to take the drugs without hindrance, so the later refund was only a circumstance after the offence. [ 1 , 2 , 3 ]
A was also indicted for using methamphetamine in May to June 2025 after the drug was detected in a hair sample. The first trial dismissed that charge, holding that the hair analysis alone could not establish the time and method of the offence, and the appeals court left that decision in place. Maeil Business noted that courts see prosecutions built on an estimated period, without a specific place or method, as potentially hindering a defendant's ability to mount a defence. [ 1 , 2 , 3 ]
While upholding the conviction, the Supreme Court cancelled the 40-hour rehabilitation education order. It said the charge against the defendant concerned only the sale of drugs, and that a person cannot be treated as a “drug offender” subject to such an order unless convicted of using, smoking or ingesting drugs, Yonhap reported. [ 1 , 2 , 3 ]
Why it matters
The ruling confirms that a drug sale counts as complete once the drugs and the payment change hands, limiting the room for a seller to escape a sale charge by refunding an unhappy buyer. It also confirms that a use charge built only on a hair test, without a specified time, place or method, will be thrown out — a point lower courts said affects a defendant's ability to mount a defence.
Key facts
- The Supreme Court's Second Division, presided over by Justice Oh Kyung-mi, confirmed a sentence of two years and six months in prison and a forfeiture of 500,000 won. [ 1 , 2 , 3 ]
- The defendant was indicted for handing 1.4 grams of methamphetamine to a buyer and receiving 500,000 won into an account held in another person's name in January 2025. [ 1 , 2 , 3 ]
- The buyer returned the drugs, saying the quantity was smaller than expected, and the defendant refunded the money immediately. [ 1 , 2 , 3 ]
- The first trial convicted the defendant of attempted sale and sentenced him to one year and two months; the appeals court found the sale complete and raised the sentence to two years and six months. [ 1 , 2 , 3 ]
- The Supreme Court cancelled the 40-hour drug rehabilitation order, saying it can only be imposed on a person convicted of using drugs. [ 1 , 2 , 3 ]
- A separate charge of methamphetamine use was dismissed because the prosecution relied on a hair test and an estimated two-month period without specifying the time, place or method. [ 1 , 2 , 3 ]
- Maeil Business reported that the handover took place in the defendant's car on a road in Changwon, South Gyeongsang Province. [ 2 ]
Confirmed by several sources
- The Supreme Court upheld the conviction and sentence for selling methamphetamine, ruling the sale was complete even though the drugs were returned and the money refunded. [ 1 , 2 , 3 ]
- The defendant was sentenced to two years and six months in prison and a 500,000 won forfeiture. [ 1 , 2 , 3 ]
- The appeals court found the sale complete because payment had been made before the two met and the buyer was able to take the drugs without hindrance, treating the refund as a circumstance after the offence. [ 1 , 2 , 3 ]
- The 40-hour drug rehabilitation order was cancelled because the defendant was convicted only of sale, not of drug use. [ 1 , 2 , 3 ]
- The charge of methamphetamine use was dismissed because the offence was not specified beyond a hair test and an estimated period of about one to two months. [ 1 , 2 , 3 ]
Still unclear
- The exact date in January 2025 when the sale took place. All three outlets say only that it happened in January 2025, without giving a day.
- Whether the buyer faces any charges. The documents describe the buyer's role but say nothing about any case against him.
- What happened to the money transferred to an account in another person's name. The documents do not say whose account it was or what followed the transfer.
- The location of the handover. Only Maeil Business states it took place on a road in Changwon; Yonhap and Hankook Ilbo say only that it was inside the defendant's car.
- The full identity of the defendant and the details of the dismissed drug-use charge. The defendant is identified only as A, and the use charge was dismissed without any finding on the amount or method.
What local media are saying
Timeline, local time
- Yonhap reports that the Supreme Court confirmed the conviction and cancelled the rehabilitation order. [ 1 ]
- Maeil Business reports the ruling, noting the handover took place in Changwon and that the drug-use charge was dismissed for lack of specificity. [ 2 ]
- Hankook Ilbo reports the same ruling and sentence, including the cancellation of the rehabilitation order. [ 3 ]