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 of appeal as to mistake of facts, based on the judgment of the court below, that the defendant has an intention to illegally obtain.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, the reasoning of the judgment below is examined in light of the above legal principles and the legal principles and evidence duly admitted, and the judgment below did not err in the misapprehension of the legal principles as to the intent to acquire embezzlement or exceeding the bounds of the free evaluation of evidence.

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