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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The lower court, on the grounds indicated in its reasoning, determined that the first instance judgment convicting the Defendant of the charges of this case, by deceiving the victim and deceiving him/her of money from the victim, and rejected the Defendant’s allegation in the grounds of appeal as to the mistake of facts.

The allegation in the grounds of appeal disputing credibility of the victim's statement is merely an error of the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court.

In addition, even after 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 the principle of free evaluation of evidence against logical and empirical rules.

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