The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is true that it is possible to extend the permission to collect earth and stones at the time of the instant case, and thus, it cannot be deemed that there was intention to acquire by deception, and the lower court convicted the Defendant of the instant facts charged. In so doing, the lower court erred

2. The court below rejected the above argument by stating in detail the defendant's assertion and its judgment under the title "the judgment on the argument of the defendant and his defense counsel" in the judgment of the court below. In addition, the court below's aforementioned judgment should be examined by comparing the above judgment with the record and detailed circumstances, such as the defendant's financial history before and after the crime, environment, contents of the crime, and the process of transaction execution, unless the defendant makes a confession, and the crime of fraud is established by willful negligence. It is also established as a subjective element of the constituent elements. It means the case where the court below stated that the possibility of willful negligence as a subjective element of the constituent element of the crime is uncertain, and it is acceptable in light of the subjective element of the crime, and further, the court below should have the intention to deliberate on the possibility of occurrence of the crime, and further, it should not depend on the statement of the offender, and it should be determined by considering how the defendant's act was conducted outside and its external condition at the time when the crime was committed (see, e.g., Supreme Court Decision 20817Da181.