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 reasons indicated in its reasoning, the lower court determined that the Defendant requested the production of the instant tent and received the delivery thereof without the intention or ability to pay the price, and rejected the Defendant’s allegation in the grounds of appeal as to mistake of facts.

The allegation in the grounds of appeal disputing this judgment of the court below is merely an error of the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court.

In addition, even when 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 by misapprehending the legal doctrine regarding fraud or by exceeding the bounds of the principle of free evaluation

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