For reasons indicated in its holding, the lower court upheld the first instance judgment that convicted the Defendant of the facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the “use change” under Article 28(1) of the Private School Act and the intention of unlawful acquisition in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

The argument that the Defendant’s act of entering the facts charged constitutes a justifiable act as provided in Article 20 of the Criminal Act is not a legitimate ground for appeal, since the Defendant’s assertion that this constitutes a justifiable act as provided in Article 20 of the Criminal Act is asserted in the final appeal that

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