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 court below rejected the grounds for appeal, such as misconception of facts, on the ground that the defendant deceivings victims as stated in the facts of the first instance trial, and it is recognized that there was an intention to commit fraud and to commit the crime of

The allegation in the grounds of appeal is merely an error in the lower court’s decision on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, which is the purport of disputing such fact-finding by

In addition, even after examining the reasoning of the lower judgment in light of the above legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine beyond the bounds of the principle of free evaluation of evidence 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.