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). For the reasons indicated in its reasoning, the court below rejected the grounds for appeal by mistake of facts and misapprehension of legal principles, on the ground that the act of this case by the defendant was based on the intent of unlawful acquisition and constitutes embezzlement against the victims, and that there is no reasonable ground for refusing to pay compensation.

The argument in the grounds of appeal is nothing more than a dispute over the choice of evidence and probative value of the court of fact-finding, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the legal doctrine as stated in the lower judgment and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the refusal, intention, and intent of unlawful acquisition in embezzlement, or by exceeding the bounds of the principle of 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.