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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 company that installs a oil reservoir in Seo-gu Gwangju, Gwangju, and engages in the wholesale and retail business for petroleum transport vehicles, such as tanks, etc.
B. On December 8, 2016, the branch office of the Institute and the Gwangju Northern Police Station discovered the Plaintiff’s sale of oil, such as dump truck vehicle fuel (hereinafter “instant violation”) to the name industry limited company (hereinafter “name industry”), as a result of conducting a joint investigation with the Plaintiff (hereinafter “instant investigation”).
C. Accordingly, the Defendant imposed a penalty surcharge of KRW 150,00,000 on the Plaintiff on March 9, 2017 pursuant to Articles 39(1) and 14(1) of the former Petroleum and Petroleum Substitute Fuel Business Act (wholly amended by Act No. 14774, Apr. 18, 2017; hereinafter “former Petroleum Business Act”) and Article 17 of the former Enforcement Rule of the Petroleum Business Act (wholly amended by Act No. 277, Oct. 19, 2017; hereinafter “former Enforcement Rule of the Petroleum Business Act”).
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, and the purport of the whole pleadings and arguments.
2. Whether the instant disposition is lawful
A. In light of the following circumstances, the instant disposition is unlawful as it deviates from and abused discretion.
1. The Defendant rendered the instant disposition on the premise that the Plaintiff sold all of 1,083,00 liters as fuel for a dump truck from August 30, 2013 to November 28, 2016.
However, as revealed in the criminal proceedings against the Plaintiff’s representative director C, the supply of light oil, knowing that the Plaintiff was used as fuel for dump truck owned by the name industry, is limited to 516,790 liters supplied over 213 times from December 2, 2015 to November 30, 2016, and double 183.