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 stated in its reasoning, the lower court determined that the Defendant’s criminal intent or intent as an indirect principal offender who seeks to deceive a victim by using D is recognized, and that the victimized person was deceiving the Defendant, and that the injured person was guilty of not guilty of the facts charged in this case.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court as above, and is merely an error of the lower court’s determination as to the selection and probative value of evidence belonging 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 principles, the relevant legal principles as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err by exceeding the bounds of the free evaluation principle against logical and empirical rules

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