The appeal is dismissed.

The grounds of appeal are examined.

The finding of guilt in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Moreover, the selection of evidence and the probative value of evidence, which are based on the premise of fact-finding, belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court, based on the evidence submitted by the prosecutor, deceiving the Defendant as to the possibility of implementing the construction contract.

It is judged that it is insufficient to recognize the fact that the defendant has a criminal intent to obtain fraud or that there is a criminal intention to obtain fraud, and thus, the prosecutor did not accept the prosecutor's grounds of appeal

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even though examining the reasoning of the lower judgment in light of the aforementioned legal principles and the relevant legal principles and records, the lower court did not err by exceeding the bounds 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.