For the reasons indicated in its holding, the lower court acquitted the charged facts of this case on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and 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 deception in fraud, relation with the act of disposal, intent of repayment and ability to repay.

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