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). On the grounds indicated in its reasoning, the court below rejected the Defendant’s argument that there was a fraudulent act of the victim F and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim K among the facts charged in the instant case, and rejected the judgment of the court of first instance, which rejected the Defendant’s argument that there was a fraudulent act

The allegation in the grounds of appeal disputing such a determination by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment by 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 exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the fraud fraud.

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