The appeal is 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 selection of evidence and the determination of probative value based on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). According to the evidence duly admitted and investigated by the first instance court, the lower court determined that the first instance court, which found the Defendant guilty of the instant facts charged, was justifiable, and rejected the allegation of the grounds for appeal by mistake of facts and misapprehension of the legal doctrine

The allegation in the grounds of appeal disputing the lower court’s conviction is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the first instance judgment and the reasoning of the lower judgment in light of the aforementioned legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the establishment of occupational breach of trust, etc., or by exceeding the bounds of the principle of free evaluation of evidence, contrary

In addition, the argument that the judgment of the court below erred by exceeding the limit of sentencing discretion constitutes the argument of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the above argument to the effect that the court below's sentencing

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