All appeals are 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 indicated in its reasoning, the lower court rejected the Defendants’ misunderstanding that Defendant A is not the subject of embezzlement, and the Defendants’ use of the instant money is not the subject of embezzlement, and the Defendants were in a state of being able to substitute for other money in the necessary period, and rejected the Defendants’ assertion of grounds for

The allegation in the grounds of appeal disputing the determination of the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the establishment of embezzlement, or by exceeding the bounds of the free evaluation principle, contrary to what is alleged in the grounds of appeal.

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

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