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 preparation of evidence and the 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 recognized all criminal facts in the first instance judgment as guilty, and rejected the Defendant’s first instance judgment denying the allegation of facts and misapprehension of the legal doctrine, and rejected the allegation of the grounds for appeal as to mistake of facts and misapprehension of the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the court of fact-finding, and it is nothing more than denying the judgment of the court of fact-finding on the selection of evidence and probative value which belong to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the evidence duly admitted, the judgment below did not err by misapprehending the legal principles on the burden of proof of facts constituting a crime, the amount of benefit of a crime of public conflict under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, or by failing to exhaust all necessary

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.