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(영문) 의정부지방법원 2021.01.11 2020구단5711
사업정지처분취소
Text

1. The Defendant’s disposition of business suspension of 1.5 months against the Plaintiff on June 9, 2020 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of disposition;

A. On May 1, 2010, the Plaintiff is a petroleum retailer that purchased and operated C gas stations located in Yangju-si B (hereinafter “Plaintiff gas stations”).

B. D, serving as a warden in the instant gas station, sold dump truck E’s spouse F’s dump truck article over four times from October 19, 2018 to October 27, 2018. At the time of the transaction, D, a pipe, who was found to have been abnormal, reported to the Plaintiff at the time of the transaction, and did not engage in any further transaction with the Plaintiff at the time of the transaction. At the time of the transaction, D, upon F’s request, entered the receipt as sales.

10. He/she shall supply plastic tubes located in the ridge string on the tamp of mountain liter vehicles, in which he/she takes a gas station in the tring of oil 219-liter in the house, after receiving an order of 19-liter; 10.23.40-liter, 10.25. 40-liter, and 400-liter on October 27, 10.

C. On May 21, 2019, the fact that E had limited liability for cargo vehicles was discovered, and the Plaintiff’s gas station jointly conducted an investigation into the Plaintiff’s gas station, including the Jung-gu Police Station and the Korea Petroleum Institute, and confirmed that the Plaintiff sold the same to the illegal remodeling vehicle (UP).

(d)

The head of the Gu's government police station and the defendant notified of the above detection from the head of the North Korean Institute of Oil in the Seoul Metropolitan Area, on the ground that "the defendant supplied and sold oil to illegal remodeling vehicles for use as fuel for dump truck" after undergoing hearing procedures, on June 9, 2020, in consideration of the fact that the plaintiff operated the oil sales business on an exemplary basis for at least five years on an exemplary basis (from July 1, 2020).

8. By no later than 15. A disposition (hereinafter “instant disposition”) was made.

E. On March 31, 2020, the Plaintiff’s Office of Government District Public Prosecutor’s Office of 2020, 2608, and 31 March 202, 200, was aware of the suspected fact that “employee D sold 1419.05 liter (or equivalent to the market price of KRW 1,428,859) to E as fuel for dump truck, and neglected its duty of care and supervision.” However, the Plaintiff is an initial offender, and the market price of KRW 1.4 million is at least 1.4 million.

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