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(영문) 대전지방법원 2016.11.24 2016구단100746
과징금부과처분취소
Text

1. The Defendant’s imposition of the penalty surcharge of KRW 50,000,000 against the Plaintiff on April 15, 2016 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running a D gas station (hereinafter “instant gas station”). B On February 26, 2016, the instant gas station collected six samples from gasoline oil storage tanks, and Daejeon Chungcheong Headquarters notified the Defendant on March 7, 2016, that the Defendant was mixed with other petroleum products in four samples, and on March 14, 2016, the Defendant sold fake petroleum products (mix other petroleum products in subparagraph 1 of automobile gasoline) to the Plaintiff on February 26, 2016. The Defendant notified the Plaintiff of the fact that it was subject to a disposition of suspension of business or penalty surcharge of KRW 100 million.

The sales of fake petroleum products prescribed in Article 29(1)1 was made.

In the case of this case, the "disposition" is written as "Article 13 (3) 8 of the Petroleum Business Act" and the penalty surcharge of KRW 50 million is imposed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 (including paper numbers, each entry in Eul evidence Nos. 1, 2, 3, and 13, and the purport of the whole pleadings

2. The Plaintiff alleged to be the Plaintiff, who entered into a contract for oil supply for express buses with Jeonbuk-high speed Co., Ltd., which was entrusted by the Defendant to supply oil to the Plaintiff, during the absence of the Plaintiff’s employee, he then infusing the “light oil” in the oil reservoir “oil tank” at the instant gas station, and then immediately infusing the remainder into the oil reservoir with the knowledge of it. During this process, E did not notify the Plaintiff’s employees of this fact. However, the Plaintiff’s employees did not eventually infusing the light oil equivalent to 300 liter of gasoline in the instant oil tank.

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