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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Details of the disposition;
A. From July 18, 2012, the Plaintiff is a petroleum retailer operating “C gas station” (hereinafter “instant gas station”) in Daegu-gu Suwon-gu B.
B. On March 1, 2014, the Daegu Central Headquarters and the Daegu Western Police Station collected samples from the instant gas station and conducted the quality inspection, which led to a gas station from around 150ml in excess of 150ml in transit, and found that the gas station installed and used a rapid heating system for the purpose of selling less than the fixed quantity from January 1, 2014 to March 1, 2014, and notified the Defendant of this fact on June 23, 2014.
C. Accordingly, on July 30, 2014, the Defendant sold the Plaintiff’s petroleum and alternative fuel business (wholly amended by Act No. 13085, Jan. 28, 2015; hereinafter “petroleum Business Act”) under Article 39(1)2 of the former Petroleum and Petroleum Substitute Fuel Business Act (wholly amended by Act No. 13085, Jan. 28, 2015; hereinafter “petroleum Business Act”) to less than the prepaid quantity. Article 13(3)8 and 13(1)15 of the Petroleum Business Act, Article 16 [Attachment 1] of the former Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act (wholly amended by Ordinance of the Ministry of Trade, Industry and Energy No. 147, Jul. 29, 2015; hereinafter “Enforcement Rule of the Petroleum Business Act”) on the ground that “the act of acquiring or renting business facilities installed and remodeled for the purpose of selling below the fixed quantity.”
The Plaintiff filed an administrative appeal against the instant disposition on August 1, 2014, but the Daegu Metropolitan City Administrative Appeals Commission dismissed the request on September 29, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 4 (including paper numbers), the purport of the whole pleadings
2. The instant disposition is lawful.