1. Revocation of a judgment of the first instance;

2. The Defendant’s penalty surcharge of KRW 50,00,000 against the Plaintiff on July 29, 2015.

1. Details of the disposition;

A. The Plaintiff is a person who operates a gas station (hereinafter “instant gas station”) with the trade name “C gas station” in Daejeon-gu Daejeon (hereinafter “C gas station”).

B. On May 29, 2015, it was confirmed that the employees of the Chungcheong Headquarters collected samples from gasoline tanks of the instant gas station and conducted a quality inspection, that the diesel content is about 15%, and that the employees of the Daejeon Chungcheong Headquarters were about 15% of the diesel content of the instant gas station as a result of the quality inspection, after collecting samples from gasoline tanks of the instant gas station between both days and June 10, 2015, and conducting quality inspection.

(hereinafter, as above, gasoline mixed with light oil is referred to as “instant mixed oil”). C.

Accordingly, on July 29, 2015, the Defendant imposed a penalty surcharge of KRW 50,000,000 on the Plaintiff on the ground that the Plaintiff violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “The Petroleum Business Act”) on the ground that “the Plaintiff stored, stored, and sold fake petroleum products mixed with diesel fuel on a motor vehicle gasoline.”

(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap evidence Nos. 1 and 2 (including numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) According to Article 2 subparag. 10 of the Petroleum Business Act, “franchising petroleum products” refers to the manufacture of “franchising petroleum products by mixing other petroleum products.” As such, fake petroleum products should be formally mixed with other petroleum products under the intention of manufacturing fake petroleum products.

However, the instant mixed oil is merely a mixture of gasoline tanks by inserting it into gasoline tanks due to the mistake of D, an employee of the oil supplier, and cannot be deemed as fake petroleum products without any intent to make fake petroleum products to the Plaintiff.

Nevertheless, Article 2 of the Petroleum Business Act provides for the instant mixed oil.