The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the penalty of KRW 10 million, the penalty of KRW 21.2 million, the penalty of KRW 21.2 million) declared by the court below is too unreasonable.

2. The act of a physician to receive money or goods from a medical device company in return for the use of a medical device is likely to undermine the fair competition of the market, as well as the money or goods provided by the medical device company are reflected in the prices of medical devices, which eventually causes the patient's burden, and thus, it cannot be said that illegality is inappropriate. The fact that the amount received by the Defendant reaches KRW 21.2 million is disadvantageous

However, there are circumstances favorable to the defendant, such as the fact that the defendant repents and reflects the mistake, that the defendant is an initial offender who does not have any previous criminal record, and that the defendant appears to have received rebates in accordance with the practices of receiving rebates which were widely conducted, and that it does not seem to have been actively demanded to request rebates.

In full view of such circumstances as the period during which the Defendant received rebates, the circumstances leading up to the instant crime, the amount of rebates received, the status of the Defendant in the E Hospital, and the usage of the amount received, etc., the punishment imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Punishment of the crime

The criminal facts recognized by this court are as stated in the corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness G of the court below

1. Statement or record of the suspect examination protocol prepared by the public prosecutor against K and J;

1. Application of the Acts and subordinate statutes in relation to investigation reports (verification of details of delivery of medical devices) and investigation reports (additional confirmation of details of delivery of medical devices);

1. Each relevant Article of the Act concerning criminal facts;