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(영문) 대구고등법원 2015.02.06 2014누4871
과징금부과처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. Plaintiff B (1) completed the registration of a petroleum retail business (gas station) on October 15, 201, and thereafter, Plaintiff B (Plaintiff B) operated a petroleum retail business in the name of “H gas station” in the Gu and Si from that time. (2) On December 10, 2012, the public official in charge of the Daegu North Korea Headquarters of the Institute conducted a quantitative inspection on the whole six gasoline of the above H gas station on December 10, 2012. Among them, Plaintiff B confirmed that three of them (water number EL 1109293, EL109295, EL10929298) exceeded 【150 mphere-based 【150 mphere-based measuring 3 times: 180ml, 170ml, 160ml, 165ml, 165, and 160mphere-213.

3) Accordingly, the Defendant, on December 17, 2012, notified the Plaintiff B of the disposal prior notice, received the Plaintiff’s written opinion from the Plaintiff B on December 26, 2012, and on March 18, 2013, on the ground that the Plaintiff B performed a sale short of the net quantity on the ground that “the Plaintiff performed a sale short of the net quantity,” the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 12294, Jan. 21, 2014; hereinafter “petroleum Business Act”).

Article 39(1)2 and Article 14(1)3 of the same Act, and the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 79, Aug. 12, 2014; hereinafter the same shall apply)

(B) Pursuant to Article 17(1) [Attachment 2] and Article 17(2), a penalty surcharge of KRW 7.5 million was imposed. (b) Plaintiff C (1) completed the registration of a petroleum retail business (oil stations) on July 1, 2010, and thereafter, Plaintiff C (i) operates a petroleum retail business with the trade name “J gas station” in the Gu and Si/Gu (U.S.) from that time.

2) On December 27, 2012, a public official in charge of the Daegu metropolitan headquarters has conducted a quantitative inspection on two of the four main residential areas via the above J stations. Among them, he/she verified that one of them (water number EL 0504117) out of the air strings (20 l.20 l. 【150 l.5 l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l.

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