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). On the grounds indicated in its reasoning, the court below rejected the allegation in the grounds for appeal for mistake of facts, on the ground that: (a) it is recognized that the Defendant’s person administering the business of the Foundation of this case, who is a “other person”, could not be deemed to have acquired property benefits from the Foundation of this case; and (b) it was recognized that the Defendant had received full amount

The allegation in the grounds of appeal is nothing more than misunderstanding the judgment of the court below on the selection of evidence and probative value which belong to the free judgment of the court of fact-finding, and the reasoning of the judgment below is examined in light of the aforementioned legal principles and the evidence duly admitted, and the judgment of the court below is not erroneous in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules, as 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.