The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court (two months of imprisonment, one year of suspended execution, and additional collection) is too unreasonable.

2. The following circumstances are favorable to the Defendant: (a) the Defendant recognized the instant crime at latest and said Defendant would not repeat the crime again; and (b) the Defendant is in a position to support not only his spouse and children, but also the parents admitted to the Medical Care Center.

However, even though the practice of receiving rebates between a doctor, a pharmacist, and a pharmaceutical company has existed for a long time in the medical community, there has been continuous social criticism that impedes the fair competition of the market and ultimately increases the burden of the medical insurance finance. 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 limitation in punishing a person under the Criminal Act or the Pharmaceutical Affairs Act, and a provision of punishing a doctor and a pharmacist for receiving economic benefits provided for the purpose of promoting the sale of medicines was newly established. This should be respected as a collective agreement among the Korean nationals, and such practices should be respected as above, and the rebates practices that are limited to the medical community are likely to depend on whether the choice of medicines would be provided for rebates rather than the treatment suitability for patients, and there is a great impact on the nation as a whole, such as the increase of patient's burden, the increase of the patient's health insurance burden, and the financial deterioration of health insurance, and thus, there is a need for strict liability corresponding to the act of receiving rebates illegally.

Considering that the Defendant, at around December 2010, paid rebates scheduled to be paid to F in December 2010 prior to the enforcement of a pair of punishment systems and urged by telephone, and received from F the amount of KRW 19.8 million on November 2010 prior to the enforcement date, the Defendant is as seen earlier.