The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant asserted that the promissory note should be financed by the Defendant-friendly B, who requested that the Defendant be able to obtain a loan from the Defendant-friendly B, made an endorsement in its name on the promissory note received from the Plaintiff, and then delivered it to B without the Plaintiff’s consent. However, when receiving a return of the said note from B without the discount of the said note, the Defendant returned the said note to C, making it possible to erase the part of endorsement under his name, and distributed the said promissory note without the deletion of the above part of endorsement. Thus, the Defendant did not constitute the crime of forging securities or the crime of uttering of forged securities.

B. The lower court’s imprisonment (six months of imprisonment and one year of suspended execution) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the Defendant knew of the fact that B was to use the said promissory note at the time when the endorsement was forged in the Defendant’s name, and as long as B was able to use it at any time in order to obtain a discount on the said promissory note by delivering it to B, the Defendant constitutes the crime of forging securities or the crime of uttering of forged securities.

I would like to say.

Therefore, even if B, who did not discount the above promissory note, returned the said promissory note to the Defendant, and the Defendant returned the said promissory note to C, and the said endorsement portion was crossed out, it is merely an circumstance after the crime, and it does not affect the establishment of the crime.

B. As to the assertion on unfair sentencing, the Defendant’s favor is favorable to the Defendant, such as the restoration of all monetary damage suffered by the final holder of the said Promissory Notes due to the instant crime, and the Defendant’s desire to leave the Defendant’s wife, and the Defendant’s absence of personal benefits from the instant crime.

(b).