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 indicated in its reasoning, the lower court acknowledged that the first instance court found the victim I guilty of the part concerning the violation of trust against the victim I among the facts charged in the instant case, and rejected the grounds for appeal concerning mistake of facts that addresses the amount of breach of trust.

The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court, and even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the

In addition, examining the reasoning of the first instance judgment and the reasoning of the lower judgment in light of the evidence duly admitted, the first instance judgment that found all the remainder of the facts charged except the fraudulent part among the facts charged in the instant case guilty of the crime of breach of trust and the lower judgment that maintained its conclusion as it is, did not err by misapprehending the legal doctrine regarding another person’s business and the duty of guidance prohibition in the crime of breach of trust, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, and by failing to exhaust all necessary deliberations

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, the court below's decision of punishment is disputed.