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 the determination of probative value based 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 allegation in the grounds of appeal for mistake of mistake of facts, on the ground that the defendant, with respect to the part concerning the fraud of the down payment of printed machines in relation to the victim T in the facts charged in this case, by deceiving the above victim.

The allegation in the grounds of appeal disputing this judgment of the court below is merely an error of the judgment on the evidence selection and probative value of the court below which actually belongs 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 misapprehending the legal doctrine regarding the criminal intent to acquire fraud, or by exceeding the bounds of the principle of evidence judgment and logic and experience, and by exceeding the bounds of the free evaluation of evidence.

In addition, in light of the reasoning of the judgment below, the ground of appeal alleged in the ground of appeal that the court below violated the principle of balanced criminal punishment, the principle of responsibility and the principle of equality, or deviates from the limits of discretion of sentencing due to erroneous facts and incomplete deliberation on the circumstances that form the conditions of sentencing, is nothing more than the purport that the above ground of appeal is practically unfair.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the defendant is more minor