The appeal is dismissed.

The grounds of appeal are examined.

The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct doubt that the facts charged are true, and if there is no such proof, even if there is no doubt about the defendant's conviction, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Furthermore, the preparation of evidence and the probative value of evidence conducted as a premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, recognized that the first decision of the first instance that it is difficult to recognize the defendant's deception or fraud, and rejected the prosecutor's allegation on the grounds of appeal as to the prosecutor's mistake or misunderstanding of legal principles.

The allegation in the grounds of appeal is the purport of disputing such determination of facts by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which substantially belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation

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