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(영문) 청주지방법원 2019.02.14 2018구합3818
과징금부과처분취소
Text

1. The Defendant’s imposition of a penalty surcharge of KRW 20,000,000 against the Plaintiff on August 28, 2018 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is operating a mutual gas station with the trade name “C gas station” in Incheon City B (hereinafter “C gas station”).

B. On June 8, 2018, the Chungcheong Headquarters confirmed that the Plaintiff sold less than 513ml in comparison with the net quantity, which is the user 【 150ml and less than 513ml in comparison with the net quantity, among the gas stations in the instant gas stations (hereinafter “instant gas station”). On June 12, 2018, it confirmed that the Plaintiff sold less than 04328305ml out of the gas stations in the instant gas station (hereinafter “instant inspection”).

C. The Defendant sent to the Plaintiff on July 2, 2018.

Article 16 (1) [Attached Table 1] of the Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act for a violation of Article 39 (1) 2 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

2.(c)

15) (c) under paragraph (3), as examined below, the period of validity of the instant alcoholic beverage certification under the law on measurement has not expired, and there was no such circumstance as the modification of the alcoholic beverage, but the amount below the quantity exceeds 1 per cent of the net quantity (No. 2 No. 3) in the event that the quantity below the net quantity exceeds 1 per cent of the net quantity, the application of Paragraph (3) other than Paragraph (2) shall be made.

In applying the clause, the notice of disposition was given to suspend the business for two months.

In lieu of the disposition suspending the business, the Plaintiff submitted an opinion to the Defendant in lieu of the disposition suspending the business, and the Defendant accepted the Plaintiff’s opinion, and on August 28, 2018, Article 17(1) [Attachment 2] of the Enforcement Rule of

1. (k) A) and (b) are applied on the same grounds as the above note 1 (k) and (b). In applying Article 39(1)2 of the Petroleum Business Act, imposition of a penalty surcharge of KRW 20,000,000 due to a violation of Article 39(1)2 of the Petroleum Business Act (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 8 (including paper numbers, hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The instant disposition is made.

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