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ACT ON THE PROTECTION OF VIRTUAL ASSET USERS
CHAPTER IV SUPERVISION AND DISPOSITIONS
조문단위인쇄
 Article 17 (Penalty Surcharges for Unfair Trade Practices)
(1) The Financial Services Commission may impose a penalty surcharge on a person who violates Article 10 (1) through (4) up to twice the profit gained (including unrealized gains; hereafter in this Article the same shall apply) from or loss avoided through the violation: Provided, That a penalty surcharge of up to four billion won may be imposed where there is no profit gained or loss avoided through the transaction related to the violation or where it is impracticable to assess such amount.
(2) If the Financial Services Commission imposes a penalty surcharge in accordance with paragraph (1) for the same violation for which a fine is imposed pursuant to Article 19, it may revoke the imposition of the penalty surcharge under paragraph (1) or deduct all or some of the amount equivalent to the fine (in the case of a confiscation or collection, the relevant amount shall be included) from the penalty surcharge.
(3) Upon the request of the Financial Services Commission for the provision of investigation-related data for the imposition of a penalty surcharge under paragraph (1), the Prosecutor General may provide such data to the extent deemed necessary.
(4) Articles 431 through 434 and 434-2 through 434-4 of the Financial Investment Services and Capital Markets Act shall apply mutatis mutandis to the submission of opinions on, and filing of objections to, the imposition of penalty surcharges, the extension of a deadline for the payment of penalty surcharges, the payment of such charges in installments, the collection of penalty surcharges and dispositions on default, the refund of overpayments or erroneous payments, additional payment upon refund of penalty surcharges, and disposition on deficits.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the procedures and standards for imposing penalty surcharges shall be prescribed by Presidential Decree.