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 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). The court below rejected the defendant's allegation in the grounds of appeal as to the mistake of facts, on the grounds as stated in the judgment of the court of first instance.

The allegation in the grounds of appeal is the purport of disputing such fact-finding by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the lower

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and the relevant legal principles as well as the duly admitted evidence, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on deception, mistake, causation, criminal intent of deception, and the degree of proof necessary for the recognition of guilt,

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