The appeal is dismissed.

The grounds of appeal are examined.

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 selection of evidence and 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 reasons indicated in its reasoning, the lower court rejected the allegation in the grounds of appeal as to mistake of facts, by determining that the Defendant had received money by deceiving the victim, such as the facts charged.

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment on the evidence selection and probative value which belong to the free judgment of the court of fact-finding, and the judgment of the court below is not erroneous in the misapprehension of the principle of free evaluation of evidence even if examining the reasoning of the judgment below

In addition, the argument that the court below failed to exhaust all necessary deliberations or omitted judgments on normal data while imposing punishment on the defendant constitutes the argument of unfair sentencing.

However, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the determination of the sentence by the court below

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