5. up to 15. up to 15. repayment to 2kg.

The phrase “assumed.”

However, the Defendant was willing to use the money received from the victim as the office operating expenses of the Defendant or to lend the money to the F. Therefore, the Defendant did not have any intent or ability to pay the money 2 km to the victim by the agreed deadline.

As above, the Defendant, by deceiving the victim as above, received 114,66,00 won in cash from the victim and acquired it by deception.

2. (1) Determination shall be made at the time of borrowing the loan. Thus, even if the defendant was able to repay the loan at the time of borrowing, if he was unable to repay the loan thereafter, this is merely a non-performance of civil liability, and it cannot be said that a criminal fraud is established. Meanwhile, the existence of the criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by taking into account objective circumstances such as the defendant's financial power, environment, contents of the crime, the process of performing the transaction, and relationship with the victim, unless the defendant makes a confession.

(2) In light of the following circumstances acknowledged by the records of this case, it is difficult to readily conclude that the evidence submitted by the prosecutor alone had the criminal intent to acquire the Defendant at the time of borrowing the instant loan.

① At the time of borrowing the instant loan, the Defendant was holding the balance of shares equivalent to KRW 80 million, as well as the precious metal wholesale and retail business.