The appeal is dismissed.

The grounds of appeal are examined.

The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct doubt that the facts charged are true, and if there is no such proof, even if there is doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection 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). The lower court, on the grounds stated in its reasoning, established the evidence submitted by the prosecutor to the extent that the intention of unlawful acquisition of the defendant can be ruled out a reasonable doubt (Article 308 of the Criminal Procedure Act).

Recognizing that it cannot be seen, the judgment of the first instance, which found the Defendant guilty of the instant facts charged, was reversed and sentenced to not guilty.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination, and is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and records, the lower court did not err by misapprehending the legal doctrine on unlawful acquisition and intent of embezzlement or by exceeding the bounds

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