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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of three million won.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (the penalty of KRW 5 million, the additional collection of KRW 11.4 million) is too unreasonable.
B. Defendant B (1) No. 2090,000 won in the column of the “amount received” No. 4 No. 1 a year among the daily list of crimes in the attached Form No. 2 of the lower judgment as indicated in the lower judgment.
In addition, the remainder of 4 million won is divided into BZ and CA, which is a doctor of the same kind, and the money received by the defendant is not more than 1.3 million won.2) In misunderstanding the legal principles, the money received by the defendant to S et al. is not for the purpose of promoting the sale of drugs, but for the purpose of promoting the adoption of drugs, etc., it is not for the first place that is unrelated to the prescribed quantity
Even if a person receives money not exceeding KRW 100,000 per time, which constitutes an economic benefit permitted under the Medical Service Act, and thus, the violation of the Medical Service Act is not established.
3) The punishment sentenced by the lower court (an amount of KRW 3 million, an additional collection of KRW 6090,000) is too unreasonable.
(c)
Defendant
D1) There is no 30,000 won and 200,000 won in the same column as 4 times a year, stated in the column of “amount received” No. 1,00,00 in the annexed crime list (4) of the judgment of the court below as stated in the judgment of the court below.
In addition, the remainder of the 6.3 million won, excluding the 2.2 million won, is provided by O through the defendant to private persons BT and BU, and is not the benefit to be vested in the defendant.
2) The punishment sentenced by the lower court (an amount of KRW 3 million, additional collection of KRW 6.8 million) is too unreasonable.
2. Determination
A. In light of the fact that such rebates practices, which are limited to Defendant A’s assertion, are highly harmful to the nation as a whole, such as increasing the possibility of misuse or abuse of drugs, increasing the patient’s burden, and increasing the financial aggravation of the health insurance, etc., the Defendant’s liability is heavy.
However, the defendant led to the confession of the crime of this case and reflects his mistake in depth, and the defendant is the first offender who has no record of criminal punishment.