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 lower court rejected the allegation in the grounds for appeal of mistake of facts or misapprehension of legal principles, on the grounds that: (a) the Defendant, by acquiring money from the victim G and H as a security deposit; (b) acquired money from the victim J; (c) forged each of the instant payments in the name of C Co., Ltd. for the purpose of exercising the right without authority; and (d) submitted it to the Daejeon District Court for use

The allegation in the grounds of appeal is disputing such fact-finding by the court below, and it is merely erroneous in the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the fact-finding court. Even if examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the court below did not err in the misapprehension of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, such as the criminal intent of deception and deception of fraud, fabrication of private documents, and the use of forged

The Supreme Court precedents cited in the grounds of final 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.