The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, all de facto wholesalers are supplied with drugs at the price discounted by 11% by pharmaceutical companies in wholesale transactions for drugs with misunderstanding of facts, and thus, the Defendant was discounted by 20% in the instant drug transaction.

Even if the actual benefit is considered to be 153,687,561 won and 92,212,536 won, the amount of the defendant's benefit should be 153,687,561 won and 92,212,536 won.

B. The punishment sentenced by the lower court (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too heavy.

2. Determination

A. 1) Determination as to the assertion of misunderstanding of facts: (a) In fraud involving deception of property, if there is a provision of property by deception, thereby infringing the victim's property; and (b) even if considerable consideration was paid or no damage was inflicted on the victim's entire property, the establishment of fraud does not affect the establishment of fraud; (c) even in the case of partial payment of the said consideration, the amount of fraud is the whole property received, not the difference between the value of the property that was given by the damaged person and the value of the property that was given (Supreme Court Decision 2006Do7470 Decided January 25, 2007). In the same purport, even if there is a reason for receiving insurance money, where the victim receives excessive insurance money with the intention of receiving insurance money more than the amount actually received by deception of the insurance money, the crime of fraud is established as to the whole insurance money received by the victim (see Supreme Court Decision 2008Do4665 decided May 28, 2009).

However, the defendant is out of the original fraud.