South Korean Supreme Court rules immediate drug refund does not negate sale

The Supreme Court of Korea has ruled that a drug transaction is legally established even if the drugs are immediately returned and the payment is refunded. The court finalized a sentence of 2 years and 6 months in prison, plus a 500,000 won fine, for an individual accused of violating the Narcotics Control Act.

The case involved the sale of 1.4g of methamphetamine in January 2025. Although the buyer immediately returned the substance due to the small quantity and the seller refunded the 500,000 won payment, the appellate court and the Supreme Court determined that the sale was completed because the transfer of possession occurred once the payment was made and the drugs were handed over.

While upholding the prison sentence, the Supreme Court overturned a lower court's order for the defendant to complete 40 hours of drug addiction rehabilitation education. The justices ruled that since the conviction was specifically for drug trafficking rather than drug use or consumption, the defendant does not legally qualify as a ‘narcotics offender’ subject to such mandatory education orders.