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). For the reasons indicated in its reasoning, the lower court determined that, inasmuch as the Defendant makes a false statement to the victim and provided the victim with the beer one disease, the crime of fraud is established and the intent to acquire the Defendant is recognized, rejected the Defendant’s allegation in the grounds of appeal concerning mistake of facts.

The ground of appeal disputing the above fact-finding by the court below is merely erroneous in the determination of evidence and probative value, which belong to the free judgment of the court of fact-finding. Even if examining the reasoning of the court below in light of the above legal principles and the evidence duly admitted, the court below did not err by misapprehending the legal principles on fraud, etc. or by exceeding the bounds

Meanwhile, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed is allowed to file an appeal on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing

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