All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although Defendant did not receive total of KRW 73,770,000 in cash from the business employees F of Pakistan Co., Ltd. (hereinafter “Pacific”), the lower court found Defendant guilty of the instant facts charged on the ground that the lower court erred by misapprehending the facts.

B. The Prosecutor’s sentence (25 million won in penalty) of the lower court is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, i.e., (i) a person who was engaged in

F consistently paid, from an investigative agency to the court below, money and valuables in the name of rebates in the manner of “special purchase” (a doctor agrees to prescribe a certain scale for a certain period of time, offering a certain rebates in advance), or “after-sale” (a doctor pays rebates in proportion to the ex post facto prescription details in return for prescribing medicines) as stated in the facts charged in the instant case, to the Defendant. In the case of ex post facto payment, “pentllll” has paid 20% of the prescribed amount, and 30% of the prescribed amount, and in the case of other medicines, 30% of the prescribed amount.

The statement has been made, and its contents are specific and natural, as well as the overall process of the statement is also natural, so that there is credibility.

(2) In the case of the Defendant, F paid money to the Defendant as is paid by the Defendant on the ground that the Defendant had agreed to pay the rebates above the standard set by the Company, and that the Defendant would have been able to verify how much the special period remains at the time of the expiration of the special sale period by prescribing statistics on how the Defendant would be paid the rebates in accordance with the agreed ratio.

(3) The phrase “the details of rebates paid to each business employee” is the content of the prescription received by the business employee from the doctor.