The prosecutor's argument in the grounds of appeal is that the court below acquitted the defendant by misunderstanding the rules of evidence and misunderstanding the legal principles as to the criminal intent in fraud, etc. although the facts charged in this case are fully recognized according to the evidence submitted by the prosecutor. Thus, the judgment of the court below is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

In light of the records, the court below cannot find out the grounds that the court below exceeded its limits.

Therefore, the above argument in the grounds of appeal is merely to criticize the matters falling under the exclusive authority of the court below, and it cannot be a legitimate ground of appeal. The court below did not err by misapprehending the legal principles on the criminal intent of defraudation in fraud, etc.

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