1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. From December 20, 1990 to December 20, 1990, the Plaintiff is a person who operates a gas station C in Chungcheong-gun B (hereinafter “instant gas station”).

B. On September 24, 2015, the Defendant was notified of the result of quality inspection, as fake petroleum products, as defined in Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”), on the grounds that the Defendant sold the instant gas station at the Daejeon Headquarters, and mixed with other petroleum products (e.g., fuel) on the vehicle loaded in the mobile-sale vehicles owned by the Plaintiff (vehicle number D; hereinafter “instant vehicle”).

C. 1) On October 1, 2015, the Defendant notified the Plaintiff of the prior disposition that “A petroleum retailer under Article 29(1)1 of the Petroleum Business Act is scheduled to suspend his/her business for a period of three months or to impose a penalty surcharge on the Plaintiff on the grounds of a violation of the duty to prohibit the manufacture, etc. of fake petroleum products,” and the Plaintiff submitted his/her opinion by October 15, 2015. (2) As to this, the Plaintiff was operating the instant gas station on October 14, 2015, by having his/her spouse and two spouses run the instant gas station. However, the Plaintiff was allowed to visit the gas station overseas from September 15, 2015 to the 18th day of the same month, and during that period, H was landed from Seoul and operated G Do, her wife, and her wife.

At around 07:00 on September 16, 2015, G brought 400 litres to receive delivery orders from I, but it has been oiled only 20 million litres and returned with the remainder 200 litres.

At around 17:00 on the same day, H received a request for transit delivery on the road construction site, and instructed H to contain 600 liters via the back shooting room of the selling vehicle of this case.

G has delivered mixed oil with 200 litres and 600 litress of light oil to the construction site in order to ensure that the remaining quantity remains after delivery of oil.

An inspection sample shall be visited by a control officer while he/she has been placed with 76 liters via the first construction machinery after the arrival of the site.