The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. The grounds for this part are the same as the corresponding part of the judgment of the court of first instance (from the second to the same third to the same 16 line). Thus, the grounds for this part are cited in accordance with Article 8(2) of the Administrative Litigation Act, the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that: (a) the Defendant collected samples from the instant petroleum in which the Defendant had already been discharged without collecting samples from the front engine of a mobile-sale vehicle; and (b) has already been stored in a horse box; and (c) it is unlawful that the Defendant violated the method of collecting samples as stipulated in [Attachment 4] of the Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “Enforcement Rule of the Petroleum Business Act”).

The instant petroleum does not constitute “franchising petroleum” as fuel for automobiles, etc., since it was stored in a horse in order to use it for the purpose of heating home, and it does not constitute “franchising petroleum products.”

(b) Entry in the attached Form of relevant statutes;

C. 1) The Defendant asserts that, pursuant to Article 38(1) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”), the petroleum of this case may collect samples on the containers remaining after delivery and sale in order to verify whether the petroleum of this case complies with the duty under Article 29 of the said Act, with the remaining remaining quantity after selling them as mobile-sale vehicles.

(b) Article 38(1) of the Petroleum Business Act includes vehicles used for business of an office or place of business of a person deemed necessary to check whether the person has violated obligations under Articles 29 and 39, as prescribed by Ordinance of the Ministry of Trade, Industry

A person may enter the area to inspect books, documents, facilities, and other articles, or to collect samples.

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