However, the defendant did not have any intention or ability to pay money within the agreed time limit, even if he borrowed money from the victim due to the absence of certain occupation or income, and all of them were considered to be used as the entertainment room investment.

2. Determination

A. The intent of defraudation of a criminal intent is determined as at the time of borrowing, and if there is an intent and ability to repay at the time of borrowing, it may be a civil default even if it fails to repay it thereafter, but it cannot be a fraud only by itself.

(2) The Majority Opinion states that, in cases where a person who commits a crime is aware of the possibility of the occurrence of the crime, he/she shall be aware of the possibility of the occurrence of the crime, and that he/she shall be aware of the possibility of the occurrence of the crime, and that he/she shall be aware of the possibility of the occurrence of the crime in addition to the awareness of the possibility of the occurrence of the crime and the intention to deliberate on the risk of the occurrence of the crime in addition to the awareness of the possibility of the occurrence of the crime. However, in light of how to assess the possibility of the occurrence of the crime from the perspective of the general public, the psychological state should be determined from the perspective of the actor.

(See Supreme Court Decision 2007Do1214 Decided February 26, 2009, etc.). The investigation report and the protocol of examination of suspect suspect prepared by the public prosecutor state that the defendant's liabilities at the time of borrowing the defendant's liabilities are KRW 150 million. However, this is persuasive in the defendant's statement to the effect that the defendant's liabilities at the time of the investigation are the size of the defendant's liabilities at the time of instituting the public prosecution, and the indictment is