Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The lower court, on the grounds indicated in its reasoning, determined that the Defendant embezzled the victim company’s property, and rejected the allegation in the grounds of appeal as to mistake of facts and misapprehension of legal principles.

The allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the establishment of embezzlement, such as the intent to acquire embezzlement and the intent to obtain unlawful acquisition, or by exceeding the bounds of the principle of free evaluation

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.