The appeal is dismissed.

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

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 lower court determined that the Defendant’s failure to notify the victim of the provisional attachment of the right to claim ownership transfer registration on the instant real estate constitutes deception in fraud, and that the circumstance in which the victim completed the ownership transfer registration on the instant real estate after the fact is not likely to affect the establishment of fraud, and that the circumstance in which the victim could not acquire the ownership of the instant real estate due to the provisional attachment could not be a legal obstacle, and thus, rejected the grounds for appeal as to the mistake of facts

The part of the grounds of appeal disputing the fact-finding in the judgment of the court below is merely an error in the determination of the evidence selection and probative value by the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and the legal principles as stated in the lower judgment 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 inconsistent with logical and empirical rules, or by misapprehending the legal principles on the duty of disclosure, deception, property damage and fraud, intent to commit a crime of fraud, mistake in law, and degree of proof necessary for

Therefore, the appeal is dismissed. It is so decided by the assent of all participating Justices.