[2016 Highest 1989] Defendant is a person who has been working as a store at the “C” mobile phone sales store located in Suwon-si B.

1. Crime related to nominal D;

A. On October 28, 2013, the Defendant: (a) stated “D” and “F” in the “E Subscription Form” without obtaining D’s consent; (b) signed in the name of D and forged it; and (c) submitted it to the staff-in-charge aware of such fact.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a written application for subscription to a mobile phone in the name of D, which is a private document on rights and obligations, and exercised it.

2) On November 6, 2013, the Defendant, without obtaining D’s consent from the foregoing C Office, entered “D and F” in the “E application form” with the pentle attached to the “E application form,” signed and forged it under D’s name, and submitted it to the staff-in-charge who is aware of such fact.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a written application for subscription to a mobile phone in the name of D, which is a private document on rights and obligations, and exercised it.

B. On October 28, 2013, the Defendant submitted a written application for entry into a forged D E in the name of the victim (state) who knows the fact, even if the Defendant opened a mobile phone in the name of the above C office, he/she did not have the intent or ability to pay the mobile phone installments and the telecommunications fees normally.

As such, the Defendant, by deceiving the victim company, was issued by the victim company with one smartphone equivalent to the market value of KRW 954,800.

2) On November 6, 2013, the Defendant opened a mobile phone in the name of the above C office, despite having no intention or ability to pay the installments of the mobile phone and the communications fees, the Defendant, as stated in the above A-2), is a victim (State) who is aware of the fact.