The recognition of facts and the selection and evaluation of evidence, which are the premise thereof, are within the discretionary power of the fact-finding court unless they exceed the limit of the free evaluation of evidence.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence allowed at the fact-finding court or by misapprehending the legal doctrine on the criminal intent of deception, contrary to what is alleged in the grounds of appeal, on the grounds as stated in its reasoning, on the grounds that there was no proof of crime regarding the fraud of KRW 24 million among the facts charged in the instant case.

Although the prosecutor appealed to the entire judgment of the court below, the part which the court below found guilty did not present the grounds of appeal.

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