The appeal is dismissed.

The grounds of appeal are examined.

The finding of guilt in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(2) The court below held that the charges of this case where the defendant embezzled the funds of the victims by withdrawing money in excess of the amount that can be paid or settled properly, etc. on April 27, 2006, based on the reasons indicated in its reasoning, the court below rejected the grounds for appeal of mistake of facts and misapprehension of legal principles against this issue.

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, even if the reasoning of the judgment below is considered in light of the above legal principles and records, the judgment of the court below is not erroneous in the misapprehension of the legal principles as to blanket crimes and intent of unlawful acquisition, failing to exhaust all necessary deliberations, or exceeding the bounds of the principle of free evaluation of evidence in violation

The Supreme Court precedents cited in the grounds of appeal are different from this case, and thus are inappropriate to be invoked in this case.

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