For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there is no proof of crime regarding the facts charged of this case.

The judgment below

In light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the title trust or beneficial shareholder of shares, the validity of acquiring treasury stocks under the Commercial Act, and the object of embezzlement, contrary to what is alleged in the grounds of appeal.

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