The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

B The above fine.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. As pipelines that are not connected to the prevention facilities and directly connected to the sewerage (hereinafter “instant pipelines”) were temporarily installed to discharge rainwater, not wastewater, not wastewater, which is directly connected to the former underground, and are not connected to the underground as of the date and time indicated in the facts charged, the instant pipelines do not constitute “facilities that can discharge water pollutants without flowing them into the prevention facilities” under the latter part of Article 38(1)1 of the Water Quality and Aquatic Intelligent Conservation Act (hereinafter “Water Quality Conservation Act”).

B. In light of the fact that wastewater has not been discharged through a wastewater treatment facility (prevention facility), and Defendant B demanded an inspection and repair to the Cheonghotech Co., Ltd., which was entrusted with the installation, management and operation of the facility (hereinafter “Cheonghotech”), due to the lack of technical knowledge about the wastewater treatment facility; however, Defendant B intentionally committed “the act of discharging water-quality pollutants discharged from discharge facilities without flowing them into prevention facilities” as stipulated in the former part of Article 38(1)1 of the Water Quality Conservation Act, in view of the fact that the Cheonghotech did not interfere with it timely.

shall not be deemed to exist.

(c)

Defendant

A Co., Ltd. (hereinafter “Defendant Co., Ltd”) entrusted the management and supervision of wastewater treatment by providing various education related to wastewater treatment to persons in charge of the instant construction site, etc., and the installation and operation of wastewater treatment facilities to the Cheonghotech. In light of the fact that the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was negligent in giving due attention and supervision concerning the wastewater treatment work.

shall not be deemed to exist.

(d)

all guiltys

Even if the court below's punishment (each fine of 2 million won) is too unreasonable.

2. Determination

A. The pipes of this case are “water pollutants in prevention facilities.”