The argument in the grounds of appeal is that the Defendant lent F a free-time loan to F, but did not receive a refund of the said car from F, and that F was accused of the Defendant by making a false fact-finding with the testimony of F without credibility, although the contents of the complaint are not false, the lower court made a false statement, such as F, and thereby found the Defendant guilty. This is the purport that it is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the reasons and records, the fact-finding by the court below is not recognized to have exceeded 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.