The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The choice 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). On the grounds indicated in its reasoning, the lower court acknowledged that the first instance judgment, which acquitted the Defendant of the instant facts charged, was justifiable, and rejected the grounds for appeal for mistake of facts.

The allegation in the grounds of appeal is nothing more than misunderstanding the judgment of the court of fact-finding on the selection and probative value of evidence which belong to the free judgment of the court of fact-finding. In light of the above legal principles and records, the judgment of the court below did not err by misapprehending the legal principles as to the criminal intent of breach of trust or exceeding the bounds of the principle of free evaluation of evidence

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