All appeals are dismissed.

The grounds of appeal are examined.

The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct doubt as to the facts charged, and if there is no such proof, even if there is doubt as to the defendant's guilt, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The court below upheld the first instance judgment that acquitted the defendants on the grounds that there is no proof of crime as to the facts charged in this case on the grounds as stated in its reasoning.

The judgment below

In light of the records, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to deception of fraud and the obstruction of the performance of official duties in a deceptive scheme.

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