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). For the reasons indicated in its reasoning, the court below rejected the allegation in the grounds of appeal concerning mistake of facts or misapprehension of legal principles, on the ground that the defendant conspireds with A to commit the crime of receiving the same kind in this case, was functional control through the intrinsic contribution to the crime, and the criminal intent of the defendant can be recognized.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice 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 lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on public offering, the timing of establishment of joint principal offenders, the possibility of realizing the crime of fraud and the possibility of realizing the plan

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