1. All the judgment below is reversed.

2. The defendant A shall be punished by imprisonment for two years;

3. Defendant C is punished by fine 20,000.

1. Summary of grounds for appeal;

A. As to the fraud described in the prosecutor (i.e., mistake of facts (as to Defendant D and E) list 1 of the crime sight table 1 (hereinafter in this judgment referred to as the "attached Table 122 through 131 of the judgment of the court below) and the No. 133 through 159 of the crime sight table 2 of the judgment of the court below, according to the evidence submitted by the prosecutor, this part of the fraud crime was committed in a systematic and customary manner within the hospital, and Defendant D and E committed this part of the fraud while Co-Defendant F working for the hospital even after the withdrawal of the hospital.

The sentencing of the court below (two years and six months of imprisonment) is too unhued and unfair.

나. 피고인 A, C ⑴ 사실오인 및 법리오해 ㈎ 피고인 A, C의 배임수재의 점에 관하여 ① 리베이트의 귀속 주체 이 부분 공소사실 전반에 있어 리베이트의 귀속 주체에 관하여, 피고인 A, C은 Z병원의 사무를 처리하면서 거래업체가 지급하는 리베이트를 Z병원 내지 Z병원의 개설자인 AD으로 하여금 취득하게 하였으므로, 이는 ‘타인’의 사무를 처리하는 자가 그 ‘타인’에게 재물 또는 재산상의 이익을 취득하게 한 경우에 해당하여 배임수재죄가 성립하지 아니한다.

② As to the [Attachment 3] No. 1 of the List of Crimes, in violation of the principle of no accusation, the lower court acknowledged facts different from those prosecuted by the prosecutor and found the Defendant guilty of this part of the charges, thereby violating the principle of no accusation on grounds that there was a substantial disadvantage to Defendant A and C’s exercise of the right of defense.

(3) With respect to the receipt of rebates, there is no fact that rebates was received as indicated in the relevant part of the table of crime Nos. 52, 56, 97, 101, 116, 117, 126, 142, 160, 162, 163, 181, 193, and 203.

㈏ 피고인 A, C의 의료법위반의 점에 관하여 ①...