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 the 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 stated in its reasoning, determined that the Defendants made a false solicitation to D and granted money in relation thereto, and rejected the allegation of reasons for appeal by mistake and misunderstanding of legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. Moreover, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine and the duly admitted evidence, the lower court did not err in its judgment by misapprehending the legal doctrine regarding “illegal solicitation” in the crime of giving rise to breach of trust, or by exceeding the bounds of free

The Supreme Court's ruling cited as the ground for appeal differs from this case, and thus it is inappropriate to invoke this case.

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