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The appeal is dismissed.
Reasons
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). Based on the reasons stated in its reasoning, the lower court determined that the Defendant, by deceiving the victims, acquired KRW 1,01,980,412 from the Victim F, and 590,000 from the Victim L, respectively.
The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the choice of evidence and probative value, which actually belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of free evaluation principle in violation of logical and empirical rules, or by misapprehending the legal doctrine on the calculation of the amount of profit in violation of the Act on the Aggravated Punishment
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.