All appeals filed by A, C and Prosecutor are dismissed.

A. Defendant A and C1 had the aforementioned Defendants received rebates from business employees of Pakistan Co., Ltd. (hereinafter “malking” or “company”), but did not receive money and valuables to the extent acknowledged by the lower court.

Defendant

A is not subject to rebates every month, and only 100,000 won per month if received.

Defendant

C Money and other valuables received are equivalent to KRW 50,48,66, and KRW 37,866,499 when applying 15% to the maximum amount of the rebates rate as set forth in the Pakistan. The statement made by sectoral employees to the effect that all of the money entered in the list of crimes in the judgment of the court below was paid for rebates to Defendant A and C, not for the offering of rebates to ordinary doctors, but for the use of 30% out of the said money as business expenses, and the statement made by sectoral business employees with regard to the amount of rebates paid is not for accurate memory, but for DB data prepared by the strikeal business employees.

Therefore, the judgment of the court below on the amount of money received by Defendant A and C is erroneous by mistake of fact.

2) The punishment sentenced by the lower court against Defendant A and C is too unreasonable.

B. Each sentence sentenced by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to Defendant A and C’s assertion of mistake, the following facts or circumstances can be acknowledged.

The so-called "salking business operator" shall calculate the amount of rebates by applying a certain rate of rebates to the prescribed details received from doctors or the prescribed details secured by pharmacies, etc., and the request for withdrawal of the shipment made with the amount of rebates requested.