The appeal is dismissed.

The grounds of appeal are examined.

The argument in the grounds of appeal is that the judgment of the court below is unlawful, since the defendant did not receive false hospitalization, the court below erred in finding facts or erred in the misapprehension of the legal principles on fraud, although he did not receive false hospitalization.

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 did not err by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on fraud.

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.