The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The grounds of appeal are as follows: (a) the lower court erred by failing to exhaust all necessary deliberations while having no intention to commit embezzlement; and (b) the lower court erred by misapprehending the legal doctrine on the intent of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), thereby finding the Defendant guilty; and (c) thus, (d) the lower

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

The lower court did not err in its judgment that found the Defendant guilty based on such factual basis, and did not err by misapprehending the legal doctrine on intention.

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