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 lower court found the Defendant guilty of embezzlement of funds owned by the victim D Co., Ltd., which he had been under business custody, by intent of illegal acquisition, and rejected the grounds for appeal as to the mistake of facts and misapprehension of legal principles.

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, the relevant legal principles and the evidence duly adopted, and the judgment below did not err in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules.

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