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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor for three years and for two years.
Reasons
1. Summary of the grounds for appeal: The sentence imposed by the lower court on the Defendants (three years of imprisonment for Defendant A and two years and six months of imprisonment for Defendant B) is too unreasonable.
2. The instant crime committed by the Defendants, in collusion, processed false drug transactions, and then requested the victim card company to approve the price of the card as if the price was settled by the card issued by the victim card company, thereby obtaining the credit card payment from the victim card company that believed that the transaction was true and acquired by deception.
The circumstances unfavorable to the Defendants are as follows.
Defendant
A is a person who operates a pharmacy, and Defendant B operates a pharmacy, and purchases drugs from a drug dealer. The Defendants acquired the card price by abusing the fact that it is difficult for the card company to verify the authenticity of the transaction unless the repayment of the card price is delayed when both parties to the transaction of drugs process the transaction in collusion. In light of the method of crime, the card price is bad.
Defendant
In the case of A, the total amount of the card obtained by deceit is about 10 billion won, and among them, the amount of fraud of the crime in which the defendant B participated is about 7.8 billion won.
A crime was committed through 300 or more processing transactions for a long period exceeding three years and six months.
All damages have not yet been recovered.
The conditions favorable to the Defendants are as follows.
The Defendants recognized all of the instant crimes and expressed the form of reflecting their mistakes.
Of the card price paid by the victim card company to Defendant A as the price for drugs, the amount equivalent to the credit card price paid by the victim card company was completed on the credit card payment settlement day, and the actual amount of damage suffered by the victim card company shall be the amount of the card that has not been repaid, but the amount of the card that has not been repaid shall be approximately KRW 728 million on the basis of the principal amount (the defendant B operated among them).