UJI 14-1694. Fraudulent acts by merchants or their employees; representing that something of value has been furnished; essential elements.

For you to find the defendant guilty of fraudulently representing that something of value has been furnished [as charged in Count __________1], the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. In the defendant’s capacity as [a merchant2] [an employee of __________________]3, the defendant falsely represented in writing to __________________ (issuer or participating party2) that defendant furnished __________________ (describe money, goods or services allegedly furnished) on a credit card2 of the issuer2, which had a market value4 of __________________5; 2. The defendant [did not furnish such goods or services]3 [furnished goods or services of a market value only of __________________5]3; [3. The difference between the represented market value and the actual market value is ______________6]; 4. The defendant intended to deceive or cheat; and 5. This happened in New Mexico on or about the __________ day of ______________, __________.