The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, 3 years for additional collection, 300,000 won) of the lower court is too unreasonable.

2. Determination: (a) the practices of receiving rebates between medical personnel and medical device companies have existed for a long time in the medical community; (b) the social criticism that impedes the fair competition of the market and increases the burden of the patient or the medical insurance finance has been continued; and (c) the punishment of such practices under the Medical Service Act or the Monopoly Regulation and Fair Trade Act was newly established on May 27, 2010 on the ground that there is a substantial limitation to punishing a medical person under the Criminal Act or the Monopoly Regulation and Fair Trade Act. This is recognized as a collective agreement among the Korean nationals, including the patients treated by the defendant, and the fact that the defendant was given a rebates of KRW 30 million from the medical device company and entered into an exclusive supply transaction agreement with the medical device company.

However, in full view of all the circumstances such as the fact that the defendant, who works in the medical community where these practices have widely spread, seems to have been low in the awareness of illegality, the defendant's confession of the crime of this case and living in custody for about three months, and reflects his mistake while living in custody for about three months, the criminal proceeds of the crime of this case are additionally collected and the license of this case may be revoked, and the defendant's return of the amount of KRW 180 million out of the amount received by the defendant to G Co., Ltd. is recognized, and the defendant's primary offender is recognized. In full view of all the circumstances such as the circumstances leading up to the crime of this case, the amount of rebates received, the amount of rebates received, and the use of the amount received, etc., the punishment imposed by the court below is somewhat inappropriate.