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(영문) 대구지방법원 2017.07.21 2016구단990
석유판매업등록취소처분취소
Text

1. The revocation of the registration of the petroleum retail business (gas station) that the Defendant rendered to the Plaintiff on June 14, 2016 is revoked.

2...

Reasons

1. Details of the disposition;

A. On November 6, 2014, the Plaintiff completed the registration of petroleum retail business (gas station) to the Defendant, and operates the gas station (hereinafter “instant gas station”) under the trade name “C gas station” in Daegu-gu, Daegu-gu.

B. The Daegu East Police Station and the Korea Petroleum Quality & Distribution Authority have conducted three times from May 21, 2015 to May 31, 2015 at the instant gas station, and as a result, discovered that they sold petroleum products below 2.82% and below 2.9% below 3.15% on May 28, 2015 on the day of May 28, 2015, as follows:

C. Around June 9, 2015, the Daegu East Police Station also discovered the fact that a program for altering the volume of water was installed on the four main gas bags located in the instant gas stations. This is the method of filling out the password “D” on the establishment plate which inputs the volume of the main oil and the amount of oil into approximately 3-4% of the total quantity as the program was activated, and then falling short of approximately 3-4% of the total quantity.

The Plaintiff was convicted on May 26, 2016 at the Daegu District Court (Seoul District Court Decision 2015Da6287, 2016Gadan123, 2016Gadan471) on the following grounds: (a) the Plaintiff acquired the instant gas station where the registration was completed under the name of E and completed the registration thereof; and (b) before the Plaintiff acquired it, F, in collusion with G, the installer of the instant gas station, who was in charge of operating the instant gas station, was a person who installed the main oil flow manipulation program; and (c) sold petroleum products below the net quantity during the period of October 2014, 2014, in collusion with G, a person who installed the instant gas station; and (d) was sentenced to a judgment of conviction on May 26, 2016.

E. On June 14, 2016, the Defendant: (a) sold liquor programs to the Plaintiff for the purpose of selling less than the net quantity; (b) sold less than the net quantity to the Plaintiff; and (c) sold less than the net quantity by taking over the business facilities installed and remodeled for the purpose of selling less than the net quantity.

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