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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff, a corporation operating a trucking transport business as prescribed by the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), entered into a contract to acquire 73 general-use truck vehicles (hereinafter “each of the instant vehicles”) held by C without obtaining permission for change on February 2015 by means of illegal scrapping, and entered into a contract to acquire 73 vehicles for general-use trucking vehicles (hereinafter “each of the instant vehicles”). On March 2, 2015, the Plaintiff changed the said C’s trade name to A Co., Ltd.; transferred the location of the principal office to Gyeongbuk-do Office D; and the vehicle location of each of the instant vehicles to Daldong-gun.
B. The Plaintiff’s representative director E was charged with violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Trucking Transport Business on the ground that each of the instant vehicles was registered by the method of illegal scrapping and did not obtain permission for change of the Minister of Land, Infrastructure and Transport, and was charged with violating the Act on the Aggravated Punishment, etc. of Trucking Transport Business on the ground that: (a) the Plaintiff purchased light oil by driving as if he was entitled to a fuel subsidy; (b) paid a fuel subsidy welfare card from June 2015 to July 2016; and (c) obtained a fuel transport business without obtaining permission for change; and (d) the Plaintiff was also charged with violating the Act on the Aggravated Punishment, etc. of Trucking Transport Business (Article 69(1) of the Trucking Transport Business Act).
(F) Daegu District Court 2016Gohap73). (C)
On November 16, 2016, the Defendant made a disposition to suspend the operation of each of the instant vehicles for 60 days and to refuse the payment of fuel subsidies on the ground that the Plaintiff obtained permission for change pursuant to Article 3(3) of the Trucking Transport Act by improper means or changed the permitted matters without obtaining permission for change, and on the ground that the Plaintiff received subsidies by fraudulent or other illegal means on the 18th of the same month.