For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) on the ground that there is no proof of crime.

The judgment below

Examining the reasoning 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 principle of business judgment and intent in the crime of violating the Act on the Aggravated Punishment, etc.

Although the prosecutor appealeds the entire judgment of the court below against the defendant, the prosecutor does not state in the petition of appeal or the appellate brief the grounds for objection to the conviction.

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