The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal is improper because it is too unreasonable that the punishment (the punishment amounting to three million won, the additional collection of 4.7 million won) declared by the court below is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s unfair argument of sentencing.

The latter part of Article 88-2 of the Medical Service Act provides that the sentence shall be additionally collected in violation of Article 23-2 of the Medical Service Act for the purpose of depriving a person of unlawful profits from a crime. Thus, in a case where a medical person who acquired economic profits keeps it as it is and returns it to a pharmaceutical company or drug wholesaler that provided it, it shall not be additionally collected from a medical person (see Supreme Court Decision 83Do2783, Feb. 28, 1984). According to the evidence duly admitted by the court below, according to the evidence duly admitted by the court below, the defendant, who received 50,000 SK gift certificates from H, a G business employee, received 570,000 won (per 470,000 won) and returned at least 20,000 won among the above merchandise coupons around June 201.

Therefore, it is reasonable to see that the remainder of 3.7 million won after deducting the Chapter 20 (10 million won) of the SK gift certificate returned by the defendant to H as above is the economic profit acquired by the defendant, and it shall be collected from the defendant.

Therefore, the judgment of the court below which collected the above 4.7 million won from the defendant is erroneous in the misunderstanding of legal principles on necessary prosecution under the Medical Service Act, which affected the conclusion of the judgment.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

The facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence, are as follows: 6th above, on the second page of the criminal history of the judgment of the court below.