The defendant shall be innocent.

1. On July 18, 2006, the Defendant’s fatherF concluded a contract with G (G) global companies related to health functional foods (hereinafter “G”), and decided to establish a victim H Co., Ltd. (hereinafter “victim”) to manufacture health functional foods and sell them in Asian regions, including Korea, in Korea, and the victim H Co., Ltd. (hereinafter “victim Co., Ltd”). The Defendant’s fatherF decided to hold 50% each of the shares of the victim Co., Ltd. G and F owned 50%.

On December 2, 2008, the Defendant is a person who, as a representative director of the victim company that took over 50% of the shares of the victim company from F around December 2008, serves as a representative director of the I Co., Ltd. (hereinafter “I”) and J Co. (hereinafter “J”) established for the purpose of developing, manufacturing, selling, etc. functional health foods, and actually operates each of these companies.

Around February 1, 2015, the victim company entered into an agreement with I, “K, the health functional food, the scientific and commercial know-how for L, the health functional food functional food, and L, the victim company, at L, shall be in charge of the manufacture and sale of the above products, and the victim company, at L, shall pay 3.41% of the amount of the invoice sales of the products as license fees to I in the manufacture and sale of the above products in an area, such as the Philippines.”

The defendant, as a director of the victim company, has duties to faithfully perform duties for the interest of the victim company by paying to I fees equivalent to 3.41% of the sales of the above products manufactured and sold by the victim company as stipulated in the contract of this case.

Nevertheless, on February 29, 2016, the defendant paid the sales commission of the above functional health foods to I by the victim company located in Seongbuk-gu Seoul Metropolitan Government M around February 29, 2016.