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ELECTRONIC FINANCIAL TRANSACTIONS ACT
CHAPTER VII PENALTY PROVISIONS
조문단위인쇄
 Article 49 (Penalty provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than 10 years, or by a fine not exceeding 100 million won: <Added on Oct. 15, 2014; Dec. 16, 2025>
1. A person who accesses any electronic financial infrastructure or fabricate, destroy, conceal, or leak any stored data, in violation of subparagraph 1 of Article 21-4;
2. A person who destroys any data or installs programs, such as a computer virus, a logic bomb, a mail bomb, in violation of subparagraph 2 of Article 21-4;
3. A person who sends mass signal, high-powered electromagnetic wave or data simultaneously or causes errors or hindrance to electronic financial infrastructure, in violation of subparagraph 3 of Article 21-4;
4. A person who fails to separately manage prepaid recharge funds and uses such funds for purposes other than electronic payment transactions using prepaid electronic payment means, in violation of Article 25-2 (1);
5. A person who fails to externally manage funds subject to settlement and uses such funds for purposes other than electronic payment settlement agency services, in violation of Article 25-4 (1);
6. A person who provides or leaks any electronic financial transaction information to any other person or uses such information for any purpose other than his or her duties (including a person issuing a prepaid electronic payment means applicable mutatis mutandis pursuant to Article 28 (4)), in violation of Article 26.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than seven years, or by a fine not exceeding 50 million won: <Amended on May 22, 2013; Oct. 15, 2014>
1. A person who forges or alters a means of access;
2. A person who arranges the sale of, sells, exports, imports, or uses a forged or altered means of access;
3. A person who arranges the sale of, sells, exports, imports, or uses a lost or stolen means of access;
4. A person who intrudes into any electronic financial infrastructure or any electronic apparatus for electronic financial transactions to acquire a means of access by fraud or other unjustifiable means, or conducts electronic financial transactions by using the means of access so acquired;
5. A person who arranges the sale of, sells, exports, imports or uses a means of access which was extorted, embezzled, or acquired by deceiving or blackmailing other person;
6. Deleted. <Oct. 15, 2014>
(3) Electronic currencies shall be deemed valuable securities with respect to which a person might be charged with any of the crimes prescribed in Articles 214 through 217 of the Criminal Act, and a crime involving with electronic currencies shall be subject to the punishment provided for in each of such Articles, correspondingly. <Amended on Oct. 15, 2014>
(4) Any of the following persons shall be punished by imprisonment for not more than five year or by a fine not exceeding 30 million won: <Added on May 19, 2020>
1. Any person who acquires or transfers a means of access in violation of Article 6 (3) 1;
2. Any person who borrows or lends a means of access, or storing, delivering or distributing a means of access, in violation of Article 6 (3) 2 or 3;
3. Any pledger or pledgee who violates Article 6 (3) 4;
4. Any person who conducts arrangement, brokerage, advertisement, or solicitation while receiving, requesting, or promising in return, in violation of Article 6 (3) 5;
5. A person who is provided with or provides information related to an account, or a person who keeps, conveys, or distributes an account, in violation of Article 6-3.
(5) Any of the following persons shall be punished by imprisonment with prison labor for not more than three years, or by a fine not exceeding 20 million won: <Amended on Dec. 31, 2008; Jan. 20, 2015; Jan. 27, 2016; May 19, 2020; Sep. 14, 2023>
1. Deleted; <May 19, 2020>
2. Deleted; <May 19, 2020>
3. Deleted; <May 19, 2020>
4. Deleted; <May 19, 2020>
5. Any person who performs the duties without permission or registration under Article 28 or 29;
6. Any person who obtains permission or registration under Article 28 or 29 by fraudulent or other illegal means;
6-2. A person who engages in small-amount post-payment business without obtaining approval, in violation of Article 35-2 (1);
7. Any person who conducts a transaction by electronic currency, etc. under the name of another chain store in violation of Article 37 (3) 3;
8. Any person who has conducted, as an agent, transactions by electronic currency, etc. in violation of Article 37 (3) 5;
9. Any person who conducts a transaction by electronic currency, etc. under the name of another chain store in violation of Article 37 (4);
9-2. A person who finances a user through small-amount post-payment business by engaging in any of the following acts, or a person who mediates, arranges, solicits, or advertises such business:
(a) An act of pretending to provide goods or services or trading or acting on behalf of another in excess of the actual sales amount;
(b) An act of purchasing at a discount goods or services which users provided with the small-amount post-payment business have purchased through the business.
10. Any person who peruses or is provided with electronic financial transaction information by fraudulent or other illegal means.
(6) A person who steals another's property shall be punished by imprisonment for not more than one years or by a fine not exceeding 10 million won. <Amended on May 19, 2020>
1. Deleted; <Dec. 31, 2008>
2. Deleted; <May 22, 2013>
3. Any person who refuses to provide goods or services, or treats any user unfavorably, on grounds of transaction by electronic currency, etc. in violation of Article 37 (1);
4. Any person who charges a user a merchant fee to be borne by the relevant chain store in violation of Article 37 (2);
5. Any person who lend the name of a chain store to a third party in violation of Article 37 (3) 4;
6. Any person who engages in an activity falling under any subparagraph of Article 45 (1) without authorization under Article 45 (1).
(7) An attempt to commit the crimes referred to in paragraphs (1) 1, 2, and 3 and (2) 1, 2, and 4 shall be subject to punishment. <Amended on Oct. 15, 2014; May 19, 2020>
(8) Imprisonment with labor and a fine under paragraphs (1) through (7) may be imposed concurrently. <Amended on May 19, 2020>