A. Although the Defendant did not receive a total of KRW 4,283,00 in cash from G business employees of the F Co., Ltd. (hereinafter “F”), in the name of rebates, the lower court found Defendant guilty of the instant facts charged by misunderstanding the fact.

B. The Prosecutor’s sentence of the lower court (20 million won in penalty) is too unhued and unreasonable.

2. Determination

A. The lower court acknowledged the Defendant’s assertion of mistake of facts based on the evidence duly admitted and investigated by the lower court, namely, ① the amount received as stated in the instant facts charged is based on “the details of rebates paid from each member of the F”. This is also reflected in the company’s internal review of the prescribed amount and the amount of rebates calculated by applying a certain rate of rebates to each member, etc., and the changes up to the approval of the representative director, and written out by each member based on the contents of the F Database stored and stored.

G consistently paid money and valuables on the pretext of rebates to the Defendant, as described in the instant facts charged, through the method of “after-sale” (the act of offering rebates in proportion to the details of prescription, in return for a doctor to prescribe drugs) as shown in the instant facts charged, from an investigative agency to the lower court’s

The statement has been made, and its contents are specific and natural, as well as the overall process of the statement is also natural, so that there is credibility.

(3) G drafted the amount of rebates paid out of the details of the said rebates with respect to the Defendant including the amount equivalent to 3-5% of the total amount of rebates paid in addition to the amount of the rebates approved by the Company.

However, G is difficult to find out the motive to make a false statement by gathering the defendant who is a pharmaceutical company's business employee, and 4.