For the reasons indicated in its holding, the lower court acquitted the Defendant on the part relating to the fraud regarding C shares 45,000 shares in the instant facts charged, on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with 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.