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 preparation of evidence and the 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). The lower court, on the grounds stated in its reasoning, determined that: (a) it is recognized that the Defendant, as stated in the judgment of the first instance, deceiving the victim as in the facts charged in the judgment of the lower court; and (b) it is recognized that the victim’s intention or negligence was also recognized; and (c) rejected

Of the grounds of appeal, the argument disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs 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 in its judgment by misapprehending the legal doctrine on the crime of deception and deception of fraud, or by failing to exhaust all necessary deliberations, or by exceeding the bounds of free evaluation principle, contrary to what is alleged

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