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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles and unreasonable sentencing)
A. It is true that the Defendant, a doctor, received KRW 300 million from H’s operator under the condition that he/she exclusively receives drugs from H Co., Ltd. (hereinafter “H”).
However, upon receipt of KRW 30 million from A, the Defendant delivered 6 copies of bills to A (the bank whose place of payment arising from the bank’s printed forms of bills was the bank). Since the above KRW 300 million was borrowed, it is reasonable to deem that A received money provided for the purpose of sales promotion only when A returned each of the above bills to the Defendant.
B. The punishment sentenced by the court below (two years of suspended execution for one year of imprisonment, additional collection of 300 million won) is too unreasonable.
2. In light of the following facts and circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal doctrine and the evidence duly adopted and examined by the lower court, it is reasonable to view that the Defendant received money provided for the purpose of sales promotion as soon as he received KRW 300 million from A. Therefore, this part of the Defendant’s assertion is without merit.
The details of six promissory notes delivered by the Defendant to A (hereinafter “each promissory note of this case”) are as listed below (Evidence Nos. 569, 570, No. 10-45, and No. 10-46). The lower table Nos. 1 and 2 were returned to the Defendant. Nos. 3 and 4 were delivered to Q Co., Ltd. (hereinafter “ Q”), and a promissory note Nos. 5 and 6 were delivered to R Co. (hereinafter “R”).
The issue date of the bill number No. 1 S 50 million won at the issue date of the issuance date of the bill No. 1 S 5 million won; hereinafter referred to as the "Y Bank 2 T on June 25, 2015; hereinafter referred to as the "Y Bank 2 T on December 31, 2015; hereinafter referred to as the "V on June 30, 2016" on December 30, 2016, Weighted on December 31, 2016, 2015, and December 30, 2017.