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(영문) 수원지방법원 2015.10.23 2015구단31613
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a petroleum retailer as prescribed by the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) that operates the “C gas station” in the Pulsung City B.

B. On September 3, 2014, the Korea Petroleum Quality & Distribution Authority headquarters collected samples from D mobile-sale vehicles of the aforementioned gas station (hereinafter “instant vehicles”) and conducted quality inspections.

C. As a result, light oil, etc. collected from the instant vehicle was mixed with approximately 60% of other petroleum products.

On November 6, 2014, the Defendant: (a) manufactured and stored fake petroleum products pursuant to Article 2 subparag. 10 of the Petroleum Business Act to the Plaintiff; and (b) violated Article 29(1)1 of the Petroleum Business Act; and (c) applied Article 13(3) subparag. 8, 12, and 14(1) of the Petroleum Business Act; and (d) Article 17(1) [Attachment 2] of the Enforcement Rule of the same Act to impose penalty surcharges of KRW 100 million.

E. The Plaintiff filed an administrative appeal, but was dismissed on February 17, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Whether the disposition is lawful;

A. Although the Plaintiff’s spouse, E was practically operating the above gas station, the Plaintiff’s spouse requested the delivery of the oil at home near the play movable property, and the Defendant instructed F to deliver the oil to F, an employee, in accordance with the direction of E, he loaded 600 liters, such as the instant vehicle, and then the F, waiting for delivery of the oil while checking the container’s smuggling, sled water, and sled water, was loaded with the instant vehicle that was loaded with 400 litres from the instant vehicle that was loaded in order to deliver the oil to scress in the waste disposal site of the KC Environment Development Corporation, and at that time, the employees of the EFG collected samples from the instant vehicle.

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