The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The Defendant’s argument in the grounds of appeal is the purport that the lower court convicted the Defendant by failing to comply with the rules of evidence or failing to exhaust all necessary deliberations, and thereby making a judgment of conviction of the Defendant, even though the Defendant did not engage in deception, such as the entries in the facts charged, and did not have any intent to commit fraud, and returned more amount than the investment money received from the victims.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasoning in light of the record, the lower court cannot find out the grounds that it exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and there is no illegality in failing to exhaust all necessary deliberations.

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