For the reasons indicated in its holding, it is difficult to readily conclude that the instant total sales contract constitutes a “transfer of business” as stipulated in Article 8 of the instant Korean total sales contract, and even if otherwise, the Defendant cannot be readily concluded that the instant total sales contract constitutes a “transfer of business prohibited under the instant general sales contract,” and thus, it cannot be readily concluded that there was a criminal intent to obtain fraud from the Defendant, as it could not be ruled out that the Defendant could not have known that the instant total sales contract constitutes a “transfer of business prohibited under the instant general sales contract,” and that the victim was unaware of the contents of Article 8 of the instant

Based on the foregoing judgment, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime in the facts charged of this case.

Examining the record, the above determination by the court below is justifiable.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

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