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). For the reasons indicated in its reasoning, the court below determined that the defendant acquired the machinery of this case while there is no intention or ability to pay the price at the time of purchasing the machinery of this case, and rejected the defendant's allegation in the grounds of appeal claiming a misunderstanding of facts by disputing the criminal fraud,

The ground of appeal disputing the fact-finding of the court below is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding, and the grounds alleged in the ground of appeal are examined in light of the evidence duly admitted, and there is no violation of the principle of free evaluation of evidence

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