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 determination of the selection and probative value of evidence conducted on the premise of fact-finding belongs to the discretion of the fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the court below rejected the allegation in the grounds of appeal concerning mistake of facts and misapprehension of legal principles, judging that the defendant had taken money by deceiving the victim as stated in the instant facts charged.

The ground of appeal disputing the above fact-finding by the lower court on the ground of insufficient credibility of the victim’s statement is merely an error of the lower court’s determination of evidence selection and probative value, which belong to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on deception in fraud, intent to acquire fraud, intent to obtain unlawful acquisition, and degree of proof necessary for finding guilty, or by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

In addition, the Supreme Court precedents cited in the grounds of appeal are different from this case, and thus are inappropriate to be invoked in this case.

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