【2016 Highest 1497】 The Defendant was an employee of the “D”, a mobile phone sales store in Namyang-si, Namyang-si.

1. Crimes against victims E;

A. On May 15, 2015, the Defendant: (a) made use of the copy, etc. of E’s identification card that he/she opened and used while opening his/her personal phone in the above “D” store; (b) stated the E’s name, date of birth, address, etc. as if he/she opened his/her cell phone at the 789,800 won; (c) stated the E’s mobile phone entry in the buyer’s and the applicant’s column “E’s name; (d) forged the E’s mobile phone entry application by means of arbitrarily signing on the buyer’s and the applicant’s name; and (e) sent the E’s mobile phone entry application under the above name to the LGU head office without knowledge of the forgery.

Accordingly, the defendant, for the purpose of uttering, forged a copy of the application for entry by the mobile phone in the name of E, a private document related to rights and duties.

B. On May 15, 2015, the Defendant, at the foregoing “D” store, submitted an application for entry of a falsified mobile phone under the name of E to the victim LGU, as described in paragraph 1(a), thereby deceiving the victim as if he/she would normally have opened one mobile phone with a phone of 789,800 won, and pay monthly mobile phone payment.

around that time, the Defendant received 400,000 won from the injured party under the pretext of opening the above mobile phone, and had the injured party pay 789,800 won of the above mobile phone to F who is the owner of the telephone who carried the above mobile phone, and acquired financial benefits equivalent to the same amount.

2. Crimes against victims G;

A. Around May 14, 2015, the Defendant who forged a private document and carried out a falsified document using G while opening a portable phone at the said “D” store.