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 the reasons stated in its reasoning, the lower court determined that, even though the Defendant lacks investment capacity or ability to repay, he/she has taken money by deceiving the victims by speaking differently from the facts as stated in the judgment of the first instance, and rejected the Defendant’s appeal as to mistake of facts.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that form the basis of such judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and duly admitted evidence, the judgment of the court below did not err in the misapprehension of the legal principle regarding fraud or in violation of the principle of free evaluation of evidence

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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