The appeal is dismissed.

The grounds of appeal are examined.

The finding of guilt in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have a correct doubt that the facts charged are true, and if there is no such proof, even if there is no doubt of guilt against the defendant (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). Furthermore, the selection of evidence and its probative value based on the premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds indicated in its reasoning, proven that the facts charged in this case were proven to the extent that there is no reasonable doubt.

It is difficult to see

Recognizing that prosecutor's appeal as to the mistake of facts was rejected.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. Moreover, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal principles of the lower court and the records, the lower court did not err in its judgment by misapprehending the legal doctrine on fraud or by exceeding the bounds of the principle of

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