The appeal is dismissed.

The grounds of appeal are examined.

The finding of guilt in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). On the grounds indicated in its reasoning, the lower court reversed the first instance judgment that found the Defendant guilty and acquitted the Defendant on the ground that it is insufficient to view that the instant facts charged were proven without any reasonable doubt.

The allegation in the grounds of appeal is merely an error of the judgment of the court below as to the selection and probative value of evidence, which belongs to the free judgment of the court of fact-finding, and the judgment of the court below is not erroneous in the misapprehension of the legal principles as to the requirements for establishment of clan and the title trust, contrary to what is alleged in the grounds of appeal.

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