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 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 reasons stated in its reasoning, the lower court determined that the Defendant encouraged B to introduce recipients to a long-term medical care institution for profit-making purposes, and rejected the allegation in the grounds of appeal as to mistake of facts or misapprehension of the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when 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 exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by failing to exhaust all necessary deliberations

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