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 indicated in its reasoning, the lower court recognized the Defendant as guilty of all the facts charged in the instant case, and rejected the allegation on the grounds of appeal for fact-misunderstanding.

The grounds of appeal disputing such judgment of the court below are merely erroneous in the judgment on the evidence selection and probative value of the court below which actually belongs to the free judgment of the court of fact-finding. In addition, even when examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted by the court below, the court below did not err by misapprehending the legal principles on fraud, conspiracy, joint principal offender, and the degree of proof necessary for finding guilty, or by violating the procedure of trial, contrary to what is alleged in the grounds of appeal.

In addition, examining the reasoning of the judgment of the court below as to the ground of appeal that there was an error in violation of the principle of balance of punishment in sentencing, the argument in the above ground of appeal is nothing more than the purport of substantially disputing the sentencing of the court below. In this regard, pursuant to 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 for the reason of unfair sentencing is allowed. Thus, the argument that the amount of punishment, including the above argument, is unfair, is not a legitimate ground of appeal.

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