The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Legal principles and mistake of facts 1) Since it cannot be seen at all as to who the Defendant introduced the Defendant to D hospital, and as to the introduction fee granted to cope with the relevant patient, the violation of the Medical Service Act among the facts charged in the instant case is not specified.

In addition, the defendant did not directly introduce patients to the hospital, and there is no way to introduce patients into the hospital through the next major in 1 to 2 years in charge of all of the patients.

2) Since part of the funds received by the Defendant for the violation of trust is irrelevant to the case cost for all patients, this part must be excluded from the amount of the funds received.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. An ex officio judgment prosecutor filed an application for the amendment to a bill of amendment to the indictment with respect to the defendant as stated in the following three paragraphs, and this court permitted this to change the subject matter of the judgment, and the judgment of the court below was no longer maintained.

However, there are such reasons for ex officio reversal.

Even if the defendant's assertion of misunderstanding of legal principles and misunderstanding of facts is still subject to the judgment of this court, we will review below.

3. The summary of the revised facts charged is a person who had served as a resort at B hospital (B hospital and C hospital of the National Health Insurance Corporation) from March 2009 to February 2013.

On November 6, 2011, the Defendant was issued KRW 12,885,204 in total on 38 occasions from October 13, 2012, by the following means: (a) in receipt of an illegal solicitation from the E of the D Hospital that “if a patient requiring an emergency operation is sent, he/she will take personnel affairs; (b) introduced patients who need an emergency operation to the D Hospital; and (c) received KRW 72,400 as a referral fee to the account of the Defendant’s bank account in the name of the Defendant’s name; and (d) received delivery of KRW 12,885,204 in total from that time until October 13, 2012.

This is the defendant.