The appeal is dismissed.

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

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below found the defendant guilty as to the facts charged in this case (excluding the part which was judged not guilty) by finding erroneous facts and misunderstanding the legal principles as to the establishment of embezzlement, although the defendant did not have any intention of unlawful acquisition.

However, the recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. The ground of appeal is not legitimate grounds of appeal since it contests the fact-finding belonging to the discretionary authority of the court below or asserts the misapprehension of legal principles on the premise of facts different from

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