The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant .

1. The summary of the grounds for appeal is too unreasonable since each sentence of the lower court (Defendant A: fine of KRW 10 million; penalty of KRW 10 million; penalty of KRW 10.74 million; penalty of KRW 3.5 million; penalty of KRW 3.5 million; and penalty of KRW 6.96 million) against the Defendants is too unreasonable.

2. Determination

A. The practices of rebates, which are limited to Defendant A’s medical judgment on the unfair argument of sentencing, are likely to be determined depending on whether the choice of a medicine would be subject to the offer of rebates rather than the treatment suitability for the patient. Since there is a significant hazard that affects the nation as a whole, such as the increase of the patient’s burden and the aggravation of the health insurance finance, etc., it is necessary to strictly punish the act of receiving and receiving rebates illegally, and the amount of rebates received by Defendant A is about KRW 1,074,00,000, which are disadvantageous to Defendant A.

However, in full view of all the circumstances revealed in the pleadings, including the amount and period of rebates received by Defendant A, and other Defendant A’s age, sexual conduct, family environment, etc., the sentence imposed by the lower court against Defendant A is somewhat heavy, in full view of the following: (a) Defendant A led to the instant crime; (b) Defendant A’s confession is the primary offender; (c) Defendant A does not actively demand rebates; and (d) Defendant A’s administrative disposition to be borne by the Defendant A is not somewhat weak; and (c) the amount and period of rebates received by Defendant A; and (d) the amount

Since the defendant A's above assertion is justified.

B. As to Defendant B’s wrongful assertion of sentencing, Defendant B’s confession of the instant crime and reflects his mistake, the primary offender, the rebates is not the first active demand, and the disadvantage in the administrative disposition to be borne by Defendant B is not easy. The circumstances favorable to Defendant B are as follows.

However, it distort the drug distribution system and the sales order and thereby leads to the social harm of the rebates of drugs that is transferred to the final consumer.