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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (Defendant A: fine of KRW 12 million; penalty of KRW 37490,000; penalty of KRW 25 million; penalty of KRW 7704,00; penalty of KRW 7704,00) is too unfasible.
B. The Defendant B’s sentence is too unreasonable.
2. Determination
A. It is recognized that the prosecutor’s judgment on the prosecutor’s unjust assertion of sentencing against Defendant A, including the instant case, requires strict punishment as to the harm of medical health policy due to the crime of receiving and offering rebates, and that the period of the Defendant’s crime of receiving and receiving the Defendant’s property in breach of trust and rebates is long, and that the amount exceeds KRW 30 million.
However, in full view of the following factors: (a) the Defendant is a primary offender; (b) the Defendant did not seem to have actively demanded rebates; and (c) the Defendant’s age, sexual conduct, environment, the background and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s punishment is too unfeasible and unreasonable; and (b) thus, the Prosecutor’s wrongful assertion of sentencing is groundless
B. We examine the determination of each of the unfair sentencing claims against Defendant B by Defendant B and the Prosecutor, and there is a need to strictly punish Defendant B because there is much serious harm to the medical health policy due to the crime of receiving rebates such as this case. The period during which the Defendant received rebates is long, and the amount received exceeds KRW 70,000,000, etc. are disadvantageous to the Defendant.
On the other hand, the fact that the defendant is a primary offender, the defendant does not seem to have actively demanded rebates first, and the defendant uses the amount equivalent to the amount of the rebates received as a general manager within the hospital as a kind of management expenses, such as internal expenses, parliamentary expenses, condolence expenses, and holiday gift expenses, etc., in favor of the defendant.
In addition, the argument of this case, such as the defendant's age, sex, environment, the details and result of the crime of this case, and the circumstances after the crime.