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 for a judge to have a reasonable doubt that the facts charged are true, and if there is no such proof, even if there is no doubt as to the defendant's conviction, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). For the reasons indicated in its reasoning, the lower court reversed the first instance judgment convicting the Defendant of this case on the ground that it is insufficient to acknowledge the conviction of the facts charged of this case, and that there is no proof as to the facts charged of this case.

Of the grounds of appeal, the allegation disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually 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 doctrine and the record, the lower court did not err 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 the criminal intent to obtain fraud,

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