The appeal is dismissed.

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof shall belong to the full power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

In addition, the recognition of criminal facts in a criminal trial should be based on strict evidence with probative value, which leads a judge to have no reasonable doubt. Therefore, in a case where the prosecutor’s proof does not reach the degree to have such conviction, there is a part that is likely to be suspected of being convicted.

Even the defendant should be judged in favor of the defendant.

The judgment below

Examining the reasoning in light of the evidence duly admitted, it is acceptable to reverse the judgment of the first instance court and to render a not-guilty verdict on the charges of this case on the ground that there is no proof to the extent that the court below is not able to have conviction without any reasonable doubt.

In contrast to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the violation of the rules of evidence and the criminal intent of fraud.

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