A. The Defendant: (a) received money and valuables in the form of rebates from the business members R of Q Co., Ltd. (hereinafter “ Q”); (b) however, the amount does not reach a total of KRW 15.5 million as indicated in this part of the facts charged.

In addition, there is no fact that the defendant has received from R the amount of the re-amount of the attached crime 431 times in the list of crimes in the form of rebates.

B. The punishment of the lower court (the penalty amounting to KRW 10 million, additional collection to KRW 15 million) is too unreasonable.

2. The following facts can be acknowledged according to the evidence duly adopted and examined by the lower court and the first instance court.

A. In the case of the so-called “after-paid” method at the time Q Q offered rebates to its doctors through its employees (in return for the provision of rebates for the provision of drugs, the offer of rebates was made after the doctor prescribed for the provision of drugs), the funds were paid from Q to its employees following the following procedures.

1) A business member shall, upon receiving the doctor’s prescription for a certain month, enter the pharmaceutical name and prescribed quantity into the computerized data database of Q (hereinafter “DB”).

In addition, the amount of rebates to be paid to the relevant hospital shall be stated in the request for withdrawal, and it shall be submitted to the business management department with the details of the above prescription attached.

2) The head of the computer division in charge of the business management division shall first examine whether the names of medicine and prescription quantity entered by the business members into DB are consistent with the prescription details attached to the request for withdrawal.

In addition, the rate of rebates for each drug (the rate shall vary according to Q policies, the request of the relevant business operator, etc.) shall be selected, and the amount of rebates for the relevant hospital shall be calculated in a computerized manner by applying this prescribed quantity, and then the amount shall be examined whether the amount conforms to the amount of rebates stated in the request for withdrawal of rebates.

If there is no problem as a result of the above review, the request for withdrawal shall be made.