The appeal is dismissed.

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

The recognition of facts constituting a crime should 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 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 rejected the Defendant’s appeal on the grounds that the first instance judgment of which the part of the facts charged was partially modified in the facts charged in the instant case, recognized that the Defendant’s intent to commit a crime by deceit is legitimate, and thereby, rejected the Defendant’s appeal. Furthermore, the lower court convicted all of the facts charged in the instant case.

The grounds of appeal disputing such judgment of the court below are merely grounds for the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding and on the basis thereof. While examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the relevant legal principles, as alleged in the grounds of appeal.

In addition, in light of the reasoning of the judgment below, the above assertion constitutes an unlawful argument in sentencing, in fact, when examining the reasoning of the judgment below to the effect that the court below's failure to deliberate on the sentencing, and violation of the principle

Accordingly, under Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, in the instant case where the Defendant was sentenced to a more minor punishment, including the above assertion.