The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) is that the Defendant would not repeat again while against the mistake, and the full amount of the surcharge was prepaid, that the Defendant used the rebates received as the hospital operating expenses, that there is little amount of personal gain, that there is a big disadvantage such as the Defendant’s license is revoked if the sentence becomes final and conclusive, and that other disadvantages are considered such as the Defendant’s activity details, family environment, etc., the sentence imposed by the lower court (an additional collection of KRW 2 years of suspended sentence in October, community service, 120 hours, 385,070,000, etc.) is too unreasonable.

2. The instant crime committed is that the Defendant, the hospital president, received rebates of KRW 3850 million in return for illegal solicitation from an executive officer or employee of a pharmaceutical company over nine years.

The lower court determined punishment as above by taking account of the circumstances favorable to the Defendant, such as the following: (a) the amount of rebates received by the Defendant is large; (b) for a long period of time, there is heavy liability for the crime; (c) the choice of medicines is likely to depend on whether rebates is offered to patients; (d) the number of rebates is likely to cause serious harm and injury to the nation as a whole, such as the increase in the patient’s weak value burden; and (e) the aggravation of the health insurance finance, etc.; and (e) taking account of the fact that the Defendant led to the confession of the crime; (b) there was no criminal conviction or fine exceeding the same criminal record; and (c) the Defendant paid in advance the total amount of the estimated penalty due to

In order to eradicate the accepted rebates in the medical community, it shall not be readily acceptable solely on the basis that the rebates received is actually conducted in the industry or is used in the operation of the hospital.

Even after the establishment of a provision punishing the act of receiving rebates in the Medical Service Act, it still remains.