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 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 stated in its reasoning, the lower court determined that: (a) the Defendant’s act of operating expenses of the association kept on duty violates his/her duties and realizes the intention of unlawful acquisition by using them; (b) such act constitutes embezzlement in the course of his/her duties; and (c) the Defendant’s intent of embezzlement was recognized; and (d) rejected the allegation

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely an error in the determination of the lower court’s choice of evidence and probative value, 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 principles, relevant legal principles, and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on occupational embezzlement or by exceeding the bounds of the principle of free evaluation

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