The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant received 3.25 million won in cash from F Co., Ltd. (hereinafter “F”) in the name of rebates as stated in the instant facts charged.

2. Determination based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the amount received in the instant facts charged is based on “the details of rebates paid from each business employee”; (ii) it was organized by each business employee based on the contents of the F Database stored after completing internal review of the company’s amount of rebates requested by the business employee to the approval of the representative director; and (iii) the F business employee G consistently paid KRW 150,000 to the Defendant at the investigative agency and the lower court on February 2013, 2013, around March 3, 2013.

A statement is made by the Defendant: (a) from November 201, 2012, the Defendant began to prescribe a capsulule, F products, and (b) from April 2013, the Defendant began to prescribe BK and BL100mg (Aminin). This corresponds to G’s written request for withdrawal of shipment (245,265 page 1 of the Investigation Record) from February 13, 2013 and March 22, 2013; (b) G made a relatively concrete statement on whether or not rebates was provided for rebates on the number of hospitals or doctors located in the entire area and its details; and (c) from around April 2013, the Defendant was unable to find any motive to make a false statement by gathering the Defendant, who is a pharmaceutical company’s business employee, the Defendant was aware of the facts charged in the instant case, and (v) the Defendant was not entitled to any punishment due to the degree that he would not be entitled to any small amount of medication.

However, even according to G's statement at the lower court, it was said that there was no additional rebates, because it was too much less than the amount agreed upon by the Defendant.