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1. The Defendant’s gas station from March 20, 2017 to May 3, 2017 (45 days) against the Plaintiff on March 10, 2017.
Reasons
1. Details of the disposition;
A. The Plaintiff is running a petroleum retail business with the trade name called C gas station in Seo-gu Daejeon (hereinafter “instant gas station”).
B. On November 29, 2016, the employees of the Daejeon Chungcheong Headquarters collected diesel oil sold at the instant gas station as samples and conducted the quality inspection. As a result, it was confirmed that approximately 5% of the instant gas station’s fuel was mixed with the instant gas station for automobiles, and notified the Defendant of the results of the quality inspection of petroleum products on December 8, 2016.
C. On December 30, 2016, the Defendant issued a disposition suspending business for three months (3 months from January 10 to April 9, 2017) pursuant to Article 13(3)8 of the Petroleum and Petroleum Substitute Fuel Business Act (which was amended by Act No. 14774, Apr. 18, 2017; hereinafter “petroleum Business Act”) to the Plaintiff on the ground that he/she violated Article 29(1)1 of the said Act (no person shall manufacture, import, store, transport, keep, or sell fake petroleum products).
The Plaintiff filed an administrative appeal with the Daejeon Metropolitan City Administrative Appeals Commission, and the Daejeon Metropolitan City Administrative Appeals Commission was legitimate as a disposition suspending the business on February 27, 2017 due to the sale of pseudo petroleum products. However, considering that the Plaintiff’s storage and sale of pseudo petroleum products was first discovered, the Plaintiff made a ruling to reduce the suspension period for 45 days. In accordance with the above ruling, the Defendant changed the suspension period on March 10, 2017 by 45 days.
(hereinafter referred to as the “instant disposition”) the disposition suspending the business of March 10, 2017, altered as above.
E. On March 13, 2017, the Plaintiff was sentenced to suspension of indictment on the sales of fake petroleum products by a public prosecutor affiliated with the Daejeon District Public Prosecutor’s Office as a violation of the Petroleum and Petroleum Substitute Fuel Business Act.
[Reasons for Recognition] There is no dispute, Gap evidence 1 to 7, and Eul evidence 1 and 2.