A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the owner of the oil tanker D (299 tons) at the time of loading in South and North Korea, and the victim SM Energy Co., Ltd. is the company that carries on the business of transporting and selling petroleum in the Gwangjin-gu Busan Metropolitan Government.

On September 10, 2015, the Defendant entered into a contract to sell the said ship to the victim at a total of 1.6 billion won, including down payment of KRW 100 million (on September 10, 2015), intermediate payment of KRW 200 million (on November 10, 2015), and KRW 1.3 billion (on December 31, 2015), and delivered the said ship to the victim on September 11, 2015, after receiving 70 million down payment from the damaged person.

On November 15, 2015, the Defendant, at the 4 wharf of Busan Dong-gu, Busan Dong-gu on November 15, 2015, carried the above ship to a leisure port using the tugboat without the consent of the injured party on the ground that the injured party delayed payment of part of the down payment and the part of the intermediate payment.

Accordingly, the defendant took his own property, which is the object of the victim's possession or right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F respectively;

1. A ship trading contract, a certificate of all registered matters, a certificate of confirmation, a certificate of confirmation, and a deposit certificate of passbook without passbook, a confirmation, a certificate of contents, and a reply;

1. Application of Acts and subordinate statutes to each investigation report (verification, etc. of the D mobile routes in Busan Yellow Control Office);

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the type of decision] of Article 62(1) of the Criminal Act shall interfere with the exercise of the right (the decision of the recommended area] basic area [the scope of recommended punishment] 6 months to 1 year [the decision of sentencing] [the decision of sentencing] which is not agreed with the victim is disadvantageous circumstances, the defendant recognized as committing a crime, the favorable circumstances such as the defendant's age, sexual behavior, and circumstances after committing the crime, etc., and other conditions of sentencing indicated in the records.