The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The existence of the crime of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, contents of the crime, process of transaction, relationship with the victim, etc. before and after the crime, unless the defendant makes a confession.

(See Supreme Court Decision 2008Do11718 Decided April 9, 2009). 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 the probative value of evidence, which is based on the premise of fact finding, belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Based on its stated reasoning, the lower court rejected the Defendant’s allegation in the grounds of appeal as to mistake of facts on the ground that the victim’s testimony at the first instance court to the same effect as the instant facts charged was reliable, and the Defendant did not have any intent or ability to pay money to the victim within six months.

The allegation in the grounds of appeal is merely an error in the lower court’s decision on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, which is the purport of disputing such fact-finding by

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the degree of proof necessary for the recognition of criminal facts, and the criminal intent of

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