CRIMINAL ACT (PART II INDIVIDUAL PROVISIONS) [See entire ACT]

CHAPTER XXXIX CRIMES OF FRAUD AND EXTORTION

Article 347 (Fraud)

(1) A person who defrauds another, thereby taking property or obtaining pecuniary advantage from another, shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.
(2) The preceding paragraph shall apply to a person who, by the methods of the preceding paragraph, causes a third person to take property or to obtain pecuniary advantage from the latter.

Article 347-2 (Fraud by Use of Computer, etc.)

Any person who acquires any benefits to property or has a third person acquire them, by making any data processed after inputting a false information or improper order, or inputting or altering the data without any authority into the data processor, such as computer, etc., shall be punished by imprisonment for not more than ten years, or a fine not exceeding twenty million won.

Article 348 (Quasi-Fraud)

(1) A person who, by taking advantage of the inexperience of a minor or the mental disorders of another, takes property or obtains pecuniary advantage from the latter, shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.
(2) The preceding paragraph shall apply to a person who, by the methods of the preceding paragraph, causes a third person to take property or to obtain pecuniary advantage from the latter.

Article 348-2 (Unlawful Use of Facilities for Convenience)

Any person who acquires any property or benefits to property using any automatic vending machine, public telephone or other pay automatic equipment, without paying the price, by an unlawful way, shall be punished by imprisonment for not more than three years, or a fine not exceeding five million won, detention or a minor fine.

Article 349 (Unjustifiable Profit)

(1) A person who makes unjustifiable profits by taking advantage of the needy condition of another, shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won.
(2) The preceding paragraph shall apply to a person who, by the methods of the preceding paragraph, causes a third person to make unjustifiable profits.

Article 350 (Extortion)

(1) A person who, by extortion, causes another to surrender his property or obtains pecuniary advantage from the latter, shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.
(2) The preceding paragraph shall apply to a person who, by the methods of the preceding paragraph, causes a third person to obtain a surrender of such person's property or to obtain pecuniary advantage from the latter.

Article 351 (Habitual Crimes)

A person who habitually commits the crimes of Articles 347 through 350, shall be punished by increasing one half of the penalty specified in the relevant crime.

Article 352 (Attempts)

Attempts to commit any crime of Articles 347 through 348-2, 350 and 351 shall be punished.

Article 353 (Concurrent Imposition of Suspension of Qualifications)

In regard to the crimes of this Chapter, suspension of qualifications for not more than ten years may be concurrently imposed.

Article 354 (Crimes among Relatives, Energy)

The provisions of Articles 328 through 346 shall apply mutatis mutandis to the crimes of this Chapter.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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