The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Article 308 of the Criminal Procedure Act, which provides for the principle of free evaluation of evidence, provides that the probative value of evidence shall be decided by the judge's free evaluation of evidence is suitable for the discovery of substantive truth. Thus, a fact-finding judge who has a prior right to the determination of evidence should consider the perception obtained in the trial procedure and the examined evidence without any further consideration.

In addition, the judge's decision on the probative value of evidence must be consistent with logical and empirical rules, and the degree of formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it is not required to exclude all possible doubts, and rejection by causing a suspicion that there is no reasonable ground for the probative value is beyond the bounds of the principle of free evaluation of evidence.

The term “reasonable doubt” in this context refers to a reasonable doubt based on logical and empirical rules, not all questions and correspondences, which is not a matter of doubt, but a reasonable doubt about the probability of facts that cannot be compatible with the facts requiring proof. It cannot be said that the doubt based on conceptual or abstract possibility is included in a reasonable doubt.

(Supreme Court Decision 201Do12728 Decided January 27, 201). The lower court, as indicated in its reasoning, pointed out and urged the Defendant, the president of the Credit Union Federation of Korea, to take over a personal age card distribution card size agency business in around 2005, the fact that the Defendant, who was the president of the Credit Union Federation of Korea, took over a personal age card distribution card size agency business. Accordingly, on September 27, 2005, the amount of provisional payment KRW 10 million and April 4, 2005.