The judgment of the court below is reversed.

The defendant shall be innocent.

1. The waterworks pipe installed at the Defendant’s place of business does not constitute a wastewater discharge facility subject to reporting in the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter “Water Quality Conservation Act”), because the water pipe installed at the Defendant’s place of business is merely about 0.857 tons per hour at a 15-meter radius in the Gu’s diameter.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and there is an error of law by misunderstanding facts or misunderstanding legal principles that affected the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination:

A. The summary of the facts charged is a person who operates a textile washing factory in Seongbuk-gu Seoul Metropolitan Government, and a person who intends to install and operate a wastewater discharge facility shall file a report thereon with the competent authority and conduct the business. Notwithstanding the fact that he/she has to do so, he/she installed a laundry facility, which is a wastewater discharge facility, with the Seongbuk-gu Office from November 1, 2005 to December 21, 201, and discharges wastewater containing about 1.2 g/L to about 120 tons of light oil, including about 9,120 tons per day, and 1.2 tons per hour through the sewage pipe, without reporting it to the Seongbuk-gu Office.

B. A person who intends to install wastewater discharge facilities under Article 76 subparag. 1-2 and the main sentence of Article 33 subparag. 1 of the Act on the Conservation of Water Quality imposes a duty to obtain permission from the Minister of Environment or to report to the Minister of Environment under the conditions as prescribed by the Presidential Decree, and impose a fine not exceeding 30 million won in the event of a violation. As such, as a prosecutor indicted, in order to punish a defendant under the same provision, it should be recognized that the washing facilities that the defendant first operates are wastewater discharge facilities.

However, under Article 2 subparagraph 10 of the above Act, wastewater discharge facilities are "facilities, machinery, apparatus and other objects discharging water pollutants, which are prescribed by Ordinance of the Ministry of Environment."