(a) A principal agent and a summary of the sales business of local government bonds;

B. The application of the law to a heavier trial without applying the law when an act was committed is unlawful.

(a) The sale and purchase business of local government bonds also fall under the securities business prescribed by the Securities and Exchange Act, and only a stock company which has obtained the approval of the Minister of Finance and Economy

B. Since the penal provisions of Article 208 subparagraph 1 and Article 28 (1) of the Securities and Exchange Act are amended after the crime in this case, Article 208 subparagraph 1 of the Securities and Exchange Act should be applied before the amendment, and the application of the current provisions is erroneous in the application of the law.

(a) Article 2 (1) 2, Article 2 (8) 1 (b) and Article 2 (1) 1 of the Securities and Exchange Act;

Defendant

Defendant

Jeonju District Court Decision 82No632 delivered on March 9, 1983

The judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division.

1. We examine the Defendant’s grounds of appeal.

According to the provisions of Article 2 (1) 2 and (8) 1 and Article 28 (1) of the Securities and Exchange Act, the business of selling and buying local government bonds constitutes securities business, and only the stock company which obtained the approval of the Minister of Finance and Economy can run. Thus, the court below is just in holding that the defendant's act of selling and selling local government bonds issued as securities violates Article 28 (1) of the Securities and Exchange Act and there is no ground to discuss this point.

2. However, the court below ex officio examined the defendant's act of selling local government bonds of this case by applying Article 208 (1) 1 and Article 28 (1) 1 of the Securities and Exchange Act, and then selected the defendant as a fine of KRW 500,00 after selecting a fine of KRW 50,00. The above penal provisions of the Securities and Exchange Act are amended in March 29, 1982, which is after the crime of this case, and the fine of the amended penal provisions is greater than that of the defendant before the amendment, and therefore, Article 208 (1) 1 of the Securities and Exchange Act prior to the amendment of the corporation at the time of the action is applied. However, the court below applied the current provision continuously. In this regard, the court below erred in the application of the law.

3. Therefore, the judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Lee Sung-soo (Presiding Justice)