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(영문) 서울고등법원 2015.04.07 2014누69510

과징금부과처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reasons why the court should explain this case are set forth by the fifth 2-20 of the judgment of the court of first instance.

C. 1) The part concerning the existence of the grounds for disposition is as follows, except for the dismissal as follows, and therefore, it is identical to the entry of the reasons for the judgment of the court of first instance. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

In the event that it is found that light oil sold under the possession and management of a petroleum retailer is fake petroleum products, a petroleum retailer is deemed to have sold fake petroleum products with the knowledge that it was fake petroleum products, and there were special circumstances that it was not perceived as fake petroleum products, a petroleum retailer is required to prove this (see, e.g., Supreme Court Decisions 88Nu461, Jul. 25, 1989; 91Nu3710, Aug. 13, 1991). In this case, according to the following facts: Gap evidence 3, 4, Eul evidence 6-2, Eul evidence 1, 7, 9-1, and 8-2, 1, 20-1, 20-1, 20-1, 20-1, 20-1, 20-1, 20-1, 30-2, 20-1, 20-1,000-2,000-2,00-1,00