The appeal is dismissed.

The grounds of appeal are examined.

The recognition of facts constituting a crime should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, 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). For the reasons indicated in its reasoning, the lower court recognized that the first instance judgment, which found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged in the instant case, was justifiable, and rejected the Defendant’s assertion of the grounds for appeal as to the mistake of facts

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts that led to such determination. It 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. Furthermore, even if 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 in its judgment by misapprehending the relevant legal doctrine or by exceeding the bounds of the principle

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