[2014 Highest 1859] The Defendant was a person who was an instructor of a “F” course established at the former department store (G at present), and the victim H and the victim I were students of the above course.

1. On September 27, 2012, the Defendant, at the president of the said E Auction and Research Institute, told the victim H to the effect that “The investment of NPL (non-performing Bonds) is much better than that of the existing real estate auction.” The Defendant has a good apartment NPL product on the side of the CP Bank through a person who knows within the Republic of Korea. The first transaction with the bank has no lien and can be distributed as soon as possible. The first transaction with the bank is entitled to receive dividends. In investing in this claim, the Defendant would make an annual profit of 26.5% within 6 to 8 months and will not exceed one year at the latest.”

However, in fact, the NPL investment case at the Defendant’s end did not provide funds within September 21, 2012, when the Defendant was unable to make investments. Accordingly, the Defendant did not have the intent or ability to use the said funds for the purpose of NPL investment even if it was delivered from the said victim.

The Defendant received KRW 50 million from the victim H on September 27, 2012, and KRW 50 million on October 17 of the same year from the Defendant’s agricultural bank account (J).

Accordingly, the defendant was given property by deceiving the victim.

2. On September 2012, 2012, the Defendant told the victim I to the effect that “a good apartment NPL investment case exists. An investment in this Claim would be made within 6-8 months a year and would not exceed 1 year at the latest, and would be made up for 6.5% a year, as stated in paragraph 1.”

However, in fact, the NPL investment case that the defendant told was not raised by the defendant on September 21, 2012, which was the bidding date.