For the reasons indicated in its holding, the lower court acquitted the telecommunications business operator on the part of the instant facts charged, on the ground that there was no proof of crime.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err 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 establishment of fraud.

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