The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 lower court recognized that the conclusion of the first instance judgment which found a guilty of criminal facts in the first instance judgment is justifiable, and rejected the allegation of the grounds for appeal as to mistake of facts and misunderstanding of legal principles.

The allegation in the grounds of appeal disputing the recognition of facts in the judgment of the court below is merely an error of the judgment on the selection and probative value of evidence by the court below which substantially belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles, relevant legal principles, and evidence duly admitted, the judgment of the court below did not err by misapprehending the legal principles on fraud, failing to exhaust all necessary deliberations necessary for changing facts charged, or exceeding the bounds of free evaluation of evidence, or by exceeding the bounds

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