1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Details of the disposition;

A. From July 2001, the Plaintiff is operating a gas station in the trade name, i.e., Samsung-gun, Samsung-gun, Samsung-gun, Samsung-ro, 64-56, Samsung-gun (hereinafter “instant gas station”).

B. On April 22, 2016, the Honam Headquarters collected one gasoline sample from the underground gasoline storage in the instant gas station, one diesel sample from the underground diesel storage, one diesel sample from the A mobile-sale vehicle (hereinafter “instant vehicle”), and one diesel sample from the A mobile-sale vehicle (hereinafter “instant vehicle”).

(hereinafter referred to as “the collection of samples of this case”).

On May 2, 2016, the head of the Honam Headquarters notified the Plaintiff that the sample collected as above constitutes fake petroleum products provided for in subparagraph 10 of Article 2 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14774, Apr. 18, 2017; hereinafter “petroleum Business Act”) is a mixture of products with approximately 5% of other petroleum products, as a result of quality inspection of samples collected from the Plaintiff.

The Plaintiff filed an objection to the sample collected from the instant vehicle, but the head of the Honam Headquarters notified the Institute that it was the same as the result of the existing quality inspection on June 20, 2016.

E. On June 29, 2016, the Defendant imposed a penalty surcharge of KRW 50,00,000 on the ground that he/she violated Article 29(1)1 of the Petroleum Business Act by manufacturing, importing, storing, transporting, keeping, or selling fake petroleum products to the Plaintiff.

F. On July 22, 2016, the Plaintiff appealed and filed an administrative appeal on July 22, 2016, and on November 22, 2016, the Jeonnam-do Administrative Appeals Commission rendered a ruling that the Defendant’s imposition of a penalty surcharge of KRW 50,00,000 against the Plaintiff should be changed to the imposition of a penalty surcharge of KRW 25,00,000,000.

The "Defendant changed according to the above ruling" is against the plaintiff on June 29, 2016.