B around February 2, 2010 with C, while promoting a landfill project for private sand generated at another construction site in Seo-gu Incheon, Seo-gu, Incheon at another construction site, it was proposed that F, the representative of the (ju) E, who had no business activity, would provide 30% of the business profit if he/she lends the name of the corporation necessary for the above reclamation project and the business fund to F.

The F has accepted the proposal of B and lent only the name of the E in the state, and it has been proposed that the business operator will take 40% of the profits of the business if he/she operates the business in the state as if he/she had been aware of the execution of the business in the state of (E).

The Defendant accepted F’s proposal, but requested F to lend the F’s (State) E, which is operated by F, to the victim G, to the effect that the said construction waste reclamation project will be implemented.

Around June 1, 2010, the Defendant stated to the effect that “F will conduct a reclamation project of sand in the vicinity of H in Gangdong-gu Seoul Metropolitan Government, and if F will lend KRW 50 million due to a shortage of funds, if F will operate the said project as a partnership business, then he will pay 20% of the principal amount and pay 20% of the profit of the business.”

However, even if the Defendant and F borrowed money from the victim, they thought to use part of the money for the above reclamation business, and the above reclamation business did not obtain permission from the government agency, but did not confirm it to the relevant government agency. Since the content of the above reclamation business was not specific, the Defendant and F did not have to pay profits from the business to the victim and promised to pay profits from the business to B and C. Furthermore, F is the subject of the above reclamation business.