The appeal is dismissed.

The grounds of appeal are examined.

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 preparation of evidence and the 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 stated in its reasoning, the lower court determined that the corporate card which the Defendant is to use for the operation of the union was used for personal purposes and its criminal intent was recognized, and rejected the grounds for appeal as to mistake of facts or misapprehension of the legal doctrine.

The ground of appeal, which is erroneous in the judgment of the court below, is the purport of disputing the determination of facts by the court below. It is nothing more than an error of the judgment of the court below concerning the selection of evidence and probative value which belong to the free judgment of the court of fact-finding. In addition, even when examining the reasoning of the judgment below in light of the aforementioned legal principles and the relevant legal principles as stated in the judgment of the court below and the evidence duly admitted, the judgment of the court below is not erroneous in the misapprehension of the legal principles as to the intention to acquire unlawful honor and the burden of proof, failing to exhaust all necessary deliberations

However, it is wrong that the court below imposed the defendant's act by applying the rate of embezzlement to occupational embezzlement rather than occupational breach of trust, but it does not affect the conclusion of the judgment and does not affect the conclusion of the judgment.

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