The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for one year, additional collection of one hundred thousand won) imposed by the court below is too unreasonable.

2. Determination: (a) the practice of receiving rebates between medical personnel, medical device company, and pharmaceutical company had been long existed in the medical community; (b) the Defendant, who is working in the medical community where such wrong practice widely spread, appears to have been under low awareness of illegality; and (c) the Defendant does not seem to actively demand money; and (d) the process of preparing opening the business, which appears to have been receiving the rebates through the executive president H with G in Ssmercar, appears to have been under receipt of the rebates; (b) there are some aspects of consideration in the process of receiving the rebates, such as: (c) the Defendant was led to the confession of the crime; (d) the Defendant returned the amount of KRW 100,000,000,000, which was received from Ssmercar; and (e) the Defendant was the first offender.

However, the above practice of the medical community has continued to be socially criticized in terms of impairing the fair competition of the market and ultimately increasing the burden of the patient and the medical insurance finance, and such practice has been punished under the Criminal Act or the Monopoly Regulation and Fair Trade Act on May 27, 2010 on the ground that there is a substantial limit to punishing medical personnel who receive financial benefits provided for the purpose of promoting the sale of medicines and medical appliances under the Medical Service Act on May 27, 2010. This should be respected as a collective agreement among the people of the Republic of Korea, including the patients treated by the defendant, and the crime of this case is contrary to the purpose of the Medical Service Act.