1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Details of the disposition;

A. The Plaintiff registered the petroleum retail business (gas station) and run the petroleum retail business with the trade name of “C” (hereinafter “instant gas station”) at racing-si.

B. On November 18, 2016, the Institute collected samples from the main amusement installed in the instant gas station and conducted the quality inspection of petroleum products, and discovered that the petroleum products stored in T-3 oil storage facilities connected with the main amusement of FH06-0368 (hereinafter “instant storage facilities”) are about 7% products for automobile transit.

C. On January 5, 2017, the Defendant issued a disposition of business suspension for three months pursuant to Article 13(3) of the Petroleum Business Act (hereinafter “instant disposition”) on the ground that he/she violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act by manufacturing, importing, storing, transporting, keeping, or selling fake petroleum products which combine approximately 7% of other petroleum products (such as oil, etc.) into a car transit (hereinafter “instant offense”).

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 1 through 8, 10 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The absence of the grounds for the disposition of this case caused an accident of mixing the light oil for automobiles stored in the instant storage facilities with the office heating light oil stored in the instant storage facilities, with the wind to put light oil contained in the instant storage facilities, which is contained in the instant plastic container (tentatively referred to as “endors”).

According to the circumstances of mixing, petroleum products in the instant storage facility cannot be deemed fake petroleum products manufactured for the purpose of using them as fuel for vehicle machinery or allowing them to be used, and even if they constitute fake petroleum products, they may be deemed fake petroleum products.