과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff has been running a petroleum retail business with the trade name called “C gas station” in the Cheongcheon-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant gas station”).
B. On March 19, 2014, the Chungcheong Headquarters: (a) inspected samples collected from D mobile oil selling vehicles owned by the Plaintiff (hereinafter “instant selling vehicles”); (b) confirmed that other petroleum products (e.g., oil, etc.) were mixed with about 5% on the vehicle transit; and (c) notified the Defendant of the foregoing fact on March 28, 2014.
C. On July 18, 2014, the Defendant imposed a penalty surcharge of KRW 50,00,000 on the Plaintiff pursuant to Article 13(3)8 and Article 14(1)3 of the Petroleum and Petroleum Substitute Fuel Business Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 79, Aug. 12, 2014) on the ground that the Plaintiff violated Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act by manufacturing, manufacturing, transporting, keeping, or selling fake petroleum products.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission, but the said claim was dismissed on October 16, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The non-existence of the Plaintiff’s ground of disposition 1 is that the Plaintiff purchased and sold oil directly from the SK Energy static, and there was no fact that he manufactured fake petroleum in the storage tank of the instant selling vehicle by mixing it with light oil, and there was no fact that he purchased and stored fake petroleum, and that there was no fact that he purchased fake petroleum products and stored it. A shooting-end valves, which adjusts the blocking walls and blocking walls that distinguish the front partitions of the instant selling vehicle from the lower partitions of the instant selling vehicle, are heated into shock in the oil delivery process, or foreign substances are stored in the valves.