사기
The appeal is dismissed.
The grounds of appeal are examined.
The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the defendant had the intent to transfer his normal apartment shares and had the ability to do so, the court below did not deceiving the victim as stated in the facts charged, thereby making a false fact-finding in violation of the rules of evidence, misunderstanding the legal principles on repeated crimes, and making the punishment too unreasonable.
However, as long as the recognition of facts and the selection and evaluation of evidence based thereon do not exceed the bounds of the principle of free evaluation of evidence, a fact-finding court is within the exclusive jurisdiction of a fact-finding court, and only in cases where death penalty, life imprisonment or imprisonment or imprisonment without prison labor for not less than ten
However, the allegation in the grounds of appeal is not a legitimate ground of appeal on the ground that the lower court’s fact-finding, which belongs to the exclusive authority of the lower court, asserts misunderstanding of legal principles on the premise of facts different from the facts acknowledged by the lower court, or on the grounds of unfair sentencing in cases where imprisonment
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.