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 the reasons stated in its reasoning, the lower court determined that the Defendant, as stated in the first instance judgment, was aware of the fact by deceiving the victim, and did not accept the grounds for appeal as to mistake of fact.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, which is the free judgment by the fact-finding court, and is merely an error in the determination of evidence selection and probative value by the lower court. In addition, even when examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of free evaluation of evidence contrary to logical and empirical rules, as alleged in the grounds of appeal, or by misapprehending

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