The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (20 million won in penalty) is too unhued and unreasonable.

2. The practices of rebates, which are limited to the medical community, cause the possibility that the choice of a drug would depend on whether to offer rebates rather than the treatment synthetics for the patient, and also causes the increase of patient's weak value burden and the aggravation of the financial status of the health insurance, so it is necessary to impose liability corresponding to the practices of receiving rebates illegally.

The defendant received 4,9540,000 won in total as rebates over three years, and the period of receipt is long and the amount of receipt is also reasonable.

However, the Defendant committed the instant crime for the first time, and committed the instant crime in depth.

The defendant seems not to have actively demanded the rebates.

On the other hand, the administrative disposition such as suspension of qualification is scheduled for the defendant.

The Defendant is an initial offender who has no criminal history.

When comprehensively taking into account the following circumstances, such as the Defendant’s age, sex, family environment, motive, means, method, and consequence of the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment is adequate and too unaffortable, and is thus unreasonable.

The prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.