The lower court reversed the first instance judgment that found the Defendant guilty on the facts charged of this case on the grounds that there was no proof of crime, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent to acquire fraud, as alleged in the grounds of appeal.

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