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). Based on its stated reasoning, the lower court determined that the Defendant had no intention or ability to repay the money at the time of borrowing it, and rejected the grounds for appeal on the mistake of facts disputing this.

The allegation in the grounds of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the lower court.

In addition, even after examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the elements of fraud, contrary to what is alleged in the grounds of appeal.

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