For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the instant facts charged (excluding the part on conviction) on the ground that there was no proof of crime.

Examining the record, the above determination by the court below is justifiable.

In addition, there is no error of misapprehending the legal principles on the criminal intent by fraud in fraud.

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