"2017 Highest 840"

1. On April 28, 2016, the Defendant forged a private document and the instant investigation document at the “C” agency located in Kimnam-si, Kim Jong-si, Kim Jong-si, and submitted D’s signature at the “F,” “F,” “F,” “F,” written in the address column,” and “F,” written in the bank/face number column, and submitted D’s signature at will next to the name, and submitted D’s signature to the “C” agency’s name, without knowledge of the above fact, through the said agency’s staff I.

In this respect, the defendant, for the purpose of uttering, forged a copy of the application to join a mobile phone new contract, which is a private document on rights and duties.

2. The Defendant: (a) prepared an application for the subscription to a forged mobile phone new contract as described in paragraph (1); and (b) submitted it to KT to the victim (State) and filed an application for the opening of a mobile phone as if D would normally pay the mobile phone price and use fee.

The Defendant, as such, by deceiving an employee of the victimized Company’s name influencies, was used by the victim with the delivery of 1,130,800 U.S. (J) of 6S smartphones, but did not pay the victim a total of 686,380 won of the mobile phone charges and the user fees to obtain financial benefits equivalent to the same amount.

On June 25, 2016, the Defendant: (a) received request from the injured party at a restaurant operated by the injured party Lane located in Busan Northern-gu, Busan, and embezzled the same for personal use around that time while receiving KRW 500,000,000 from the injured party for receipt; and (b) embezzled the same for personal use.

Summary of Evidence

[2017 Highest 840]

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. New contract on a mobile phone;