The appeal is dismissed.

The grounds of appeal are examined.

The burden of proof for the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction shall be based on evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, the conviction cannot be judged even if there is any doubt as to the defendant's guilt (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Examining the reasoning of the judgment of the court below in light of the records, it is acceptable to reverse the judgment of the court of first instance that found the defendant guilty on the grounds that there is no proof for the facts charged in the instant case, and it is not erroneous in the misapprehension of legal principles on the fraud and deception in the crime of fraud, contrary to the allegations 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.