1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From February 9, 2009, the Plaintiff was a person who operated a general restaurant in the name of Yeongdeungpo-gu Seoul Metropolitan Government “C” from February 9, 2009, and stored “red 99 (fence fee)” food, which was a food for which an import declaration was not filed on June 20, 2014, and was exposed to the police control group.

B. On November 28, 2014, the Defendant: (a) imposed a penalty surcharge of KRW 26,400,000 in lieu of 60 days of business suspension on the ground that the Plaintiff kept and stored food for sales purposes for which an import declaration was not filed; (b) on January 26, 2015, upon the Seoul Special Metropolitan City Administrative Appeals Commission rendered a disposition imposing a penalty surcharge of KRW 17,60,000 in lieu of 40 days of business suspension (hereinafter “instant disposition”).

【Ground of recognition】An absence of dispute, entry of Gap’s 1 through 4, and Eul’s 5 through 7

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff’s non-reported imported food 99, which the Defendant asserted, was a woman in China, and was used for eating by cooking Chinese traditional food with his employees, is not kept for sales purposes.

Even if Hong 99 is an unreported imported food stored for sale purposes, it is extremely small, and there is no history that the Plaintiff was punished for similar causes, and considering the economic situation of the Plaintiff, the instant disposition is excessively harsh, and thus, there is an error of abuse of the Defendant’s discretion.

B. Even if the administrative judgment whether the Plaintiff stored the unreported imported food for sale is not bound by the fact-finding in the criminal trial, the criminal judgment that became final and conclusive with respect to the same factual basis shall be significant evidence in the administrative trial, and the above criminal judgment shall be rejected unless there are special circumstances to the effect that it is difficult to adopt a factual judgment in the criminal trial, and the facts contrary thereto shall not be recognized.

Modern No. 8-W.