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 determined that the Defendant acquired money from the victims as stated in the first instance judgment, and rejected the allegation in the grounds of appeal for mistake of facts.

The allegation of the grounds of appeal, which is erroneous in the judgment of the court below, is purporting to dispute the fact-finding of the court below. It is merely erroneous for the court below to have erred in its determination 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 court below did not err in the misapprehension of legal principles as to fraud and the establishment of joint principal offenders

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