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). On the grounds indicated in its reasoning, the lower court rejected the Defendant’s argument that there was an error of misunderstanding the facts concerning the public offering, the number of mobile phones acquired through deception, sales incentive, deception and deception in the judgment of the first instance that found all criminal facts in the judgment of the first instance guilty, and maintained the lower judgment as it is

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the selection of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine as well as the duly admitted evidence, the lower court did not err in its judgment by violating the presumption of innocence, by misapprehending the legal doctrine on fraud, etc., or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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