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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year and three months of imprisonment) is too unreasonable.
2. The fact that the Defendant recognized a mistake and reflects the fact that the practices for the payment of rebates have not yet been eradicated in the medical community, and the reality of the medical device market where rebates is demanded from doctors depending on the case should be considered in favor of the Defendant.
However, the offering of rebates to doctors is not only to impede fair competition in the medical device market, to increase the burden of consumers, and to make the aggravation of the health insurance finance, but also to cause the harm that the choice of a medical device is likely to be made depending on whether the medical device would be offered rebates compared to the treatment suitability for patients. In order to eliminate the practice of conditional rebates in the medical community on November 28, 2010, the so-called double punishment system has been implemented, and the defendant punished the intent to receive rebates, and even after the system has been improved in the direction of strengthening the statutory punishment against the recipient, even after the system has been improved in the direction of strengthening the statutory punishment against the recipient, the defendant has granted rebates exceeding seven billion won to many doctors, and most of them have been made by directly offering money and valuables. The defendant is the final decision-making authority of Q Co., Ltd., and the defendant is the final owner of
In full view of the above-mentioned normal relationship, the age, character and conduct, the environment, the circumstances surrounding each of the instant crimes, etc., and all the circumstances revealed in the pleadings, it is not determined that the sentence imposed by the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.
However, it shall be ex officio under Article 25 of the Regulation on Criminal Procedure.