[기초사실] 피해자 ⑴B은 대구 동구 C시장에서 D식당을 운영하는 사람이고, 피해자 ⑵E은 피해자 ⑴의 딸, 피해자 ⑶F은 피해자 ⑴의 남편, 피해자 ⑷G은 피해자⑴의 사위, 피해자 ⑸H은 위 D식당 종업원, 피해자⑹I는 위 C시장 내에서 J을 운영하는 사람이다.

From around 2017, the Defendant was trying to operate the above D cafeteria, the personal debt amounting to KRW 90,000 at that time, and the interest thereon was repaid to the victims of the relationship with the above C cafeteria who had no intention to pay the interest thereon, and the remainder was paid with the cost of living.

Therefore, the Defendant, even though he did not belong to the purpose of the loan or was actually attracting the brine restaurant, did not make a false statement as if he had induced the brine restaurant, thereby deceiving the victims of the purpose of the loan and their ability to repay their obligations.

【Criminal Facts】

1. Around January 10, 2018, the Defendant’s fraud against the victim (B, DozE, chip, chip, and MyeonG) stated that “The Victim B shall attract the brin restaurant, but the cost of installing the brine board of the said restaurant is required to be incurred. If the brine is lent, the brine will be repaid by operating the brine restaurant.”

However, the defendant was unable to attract the restaurant, and the defendant was willing to pay interest on the personal debt with the above money, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

As above, the Defendant deceiving the victim B and received KRW 2 million from the victim B, i.e., in cash, from the victim B, and from that time to April 15, 2019, by deceiving the victims in the family relationship with the victim B and the victim B, and received KRW 42.6 million from the victims, or received KRW 2,635 million from the victims.