However, at the time of fact, the Defendant did not have any particular property or income, and the operation of the real estate brokerage office operated is not smooth, so the Defendant was in arrears with the number of the offices management fees of KRW 400,000 per month, and the Defendant was thought to use the money received from the injured party as the office management fees in arrears immediately, so even if he borrowed money from the injured party, he did not have any intention or ability to repay it within

Nevertheless, the Defendant, as seen above, by deceiving the victim and by deceiving the victim, obtained 1.88 million won on the same day from the victim, 1.68 million won on April 23, 2014, and 7.2.6 million won on July 1, 2014, and acquired 4.2.6 million won on the loan basis.

2. Determination

A. The issue of whether fraud is established as to whether fraud is established is determined at the time of such act. As such, if the borrower had the intent and ability to repay money at the time of lending money in a consumption lending transaction, even if the borrower did not repay money thereafter, it is merely a non-performance of civil liability, and a criminal fraud is not established.

Therefore, in a consumer lending and lending transaction, where the lender was aware of the credit standing of the lender and the borrower, and the risk of delay in repayment or impossibility of repayment is anticipated or may be anticipated, due to the continuous transaction relationship, etc., the lender is merely the fact that the borrower failed to repay the loan properly, unless there are other circumstances, such as the lender stated false facts as to the material fact that it is possible for the lender to determine whether to pay the loan by consumption with respect to the specific intent of repayment, capacity to change, the following terms and conditions, etc. at the time of borrowing.