1. The plaintiff's claim is dismissed.

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

1. (i) The Plaintiff runs the petroleum sales business under the trade name, namely, C principal oil station in Young-gu, Young-gu.

on August 17, 2016, D, the Plaintiff’s employees, was prepared to possess the transit of equipment on vehicles during construction at the construction site of the apartment site of the same coal city with the moving oil station (E) of the above gas station at the construction site of the same coal city. However, as a result of collecting and inspecting samples from the above moving oil vehicle, it was found that the employee of the Institute, who was waiting at the site, was carrying about about 40% (number 14) through 50% (number 15 of sample number) in the vehicle for the above moving oil vehicle, and 2,400 liters of fake petroleum products are loaded.

On September 2, 2016, the Defendant notified the Plaintiff of an administrative disposition (three months of business suspension) and submitted a written opinion on the Defendant’s wishing to impose penalty surcharges. On September 29, 2016, the Defendant issued the instant disposition imposing penalty surcharge of KRW 100 million in lieu of the disposition of business suspension on the ground that the Plaintiff, who is a oil station business operator engaging in petroleum retail business, stored and stored fake petroleum products.

Applicant filed an administrative appeal with the Central Administrative Appeals Commission on January 4, 2017, the Central Administrative Appeals Commission rendered a ruling to reduce a penalty surcharge of KRW 10 million to KRW 50 million on the ground that the amount of the penalty surcharge in this case was reduced to KRW 50 million.

【Court-Appellants 1, Gap’s evidence 1, Gap’s evidence 2-1, 2, Gap’s evidence 3, Eul’s evidence 1, and the purport of the whole pleadings

2. Under the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14774, Apr. 18, 2017; hereinafter the same), no person may manufacture, import, store, store, or sell fake petroleum products (Article 29(1)1), and a petroleum retailer manufactures, imports, stores, keeps, or sells fake petroleum products in violation of Article 29(1)1.