Earlier quoted context omitted.
> without ever intending to pay it back How can you know that? He himself writes that he was waiting for the bank to ask for some money back and intended to deal with it when it comes. Lack of detailed planning for something isn't the same as lack of intention to do something when it happens. Lots of people take loans without precisely knowing where they'll find money to pay them back.
That's easy, he had no money to pay it back, ergo it's fair to conclude he had no intention of paying it back. It's one thing to go a couple of thousand overdrawn, quite another to spend $2 million when you have no source of income.
i don't think that would stand in any court. the former doesn't imply the latter by necessity.