For the reasons indicated in its holding, the lower court upheld the first instance judgment convicting of the instant facts charged. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the establishment of fraud or by misapprehending the legal doctrine on the establishment of fraud, or by violating the principle of res judicata, contrary to 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.

Chief Justice Park Sang-ok

Justices Noh Jeong-chul

Justices Kim In-bok