The finding of guilt in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(2) The court below rejected the ground for appeal for mistake of facts on the ground that there is insufficient evidence to acknowledge the facts charged of this case where the defendant acquired money by deceiving the victim, and based on its stated reasoning, the court below rejected the ground for appeal for mistake of facts.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if the reasoning of the lower judgment is considered in light of the above legal principles and records, the lower court did not err in its judgment against 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.