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 preparation of evidence and the 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 allegation of the grounds for appeal as to mistake of facts, on the ground that: (a) the Defendant, through C, by deceiving the victim H and G through C, or by deceiving the victim H and G through D, was recognized; and (b) the Defendant, based on its reasoning

The grounds of appeal disputing this fact-finding by the lower court are merely erroneous for the lower court’s judgment on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. In light of the above legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on fraud and aiding and abetting crimes, or by exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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