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). The lower court, on the grounds stated in its reasoning, determined that the judgment of the first instance that recognized the criminal intent to acquire by deception of the defendant and all the criminal facts in the judgment of the first instance that convicted the criminal facts in the judgment of the first instance, was justifiable, and rejected the allegation of the grounds for appeal as to mistake

The allegation in the grounds of appeal is the purport of disputing such determination of facts by the lower court, and is merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the criminal intent to acquire fraud or by exceeding the bounds of the principle of free evaluation, as alleged

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