All appeals are dismissed.

The grounds of appeal are examined.

1. The summary of the grounds for appeal by the defendant as to the grounds for appeal by the defendant is reasonable and reasonable, and there was an intention of unlawful acquisition by the defendant since the defendant's refusal to return the vehicle.

Although it cannot be seen, the lower court erred by misapprehending the legal doctrine on embezzlement, and thereby finding the Defendant guilty of the embezzlement part of the facts charged, and thus, the lower court erred by misapprehending the legal doctrine on embezzlement.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

The lower court did not err by misapprehending the legal doctrine on embezzlement, etc. in its judgment that recognized the Defendant’s embezzlement based on such factual basis.

2. Examining the reasoning of the lower judgment regarding the prosecutor’s grounds for appeal in light of the record, it is justifiable to maintain the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the part of the facts charged in the instant case

The lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the deception of fraud.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no specific reason for appeal between the chief of the appeal and the reasoning of the appeal.

3. Conclusion and the Prosecutor’s appeal are all dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.