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 the reasons indicated in its reasoning, the court below rejected the grounds for appeal as to the mistake of facts against which the defendant had argued that he had taken the money by deceiving the victim as stated in the facts charged in this case.

The allegation in the grounds of appeal on the grounds of mistake is merely an error of the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on fraud

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable cannot be

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