All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, as long as the preparation of evidence and probative value of evidence conducted on the premise of fact finding do not go beyond the bounds of the principle of free evaluation of evidence, it belongs

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court rejected the Defendant’s allegation in the grounds of appeal as to the mistake of facts and misapprehension of legal principles, on the ground that it can be recognized that money was received by deceiving the victim as stated in the facts charged in the first instance judgment, including the criminal intent to acquire by fraud with respect to

The allegation in the grounds of appeal disputing such fact-finding or hearing of the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the elements of fraud, the distinction between fraud and fraud, or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

2. As to the grounds of appeal by the public prosecutor, the conviction in a criminal trial shall be based on evidence with probative value sufficient to ensure that a judge is true enough to have a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(See Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Of the facts charged in the instant case, the lower court document as to the forgery of private documents and the display of private investigation documents.