Countermeasures for pharming damages
Request for suspension of payment and refund for loss
- A victim with monetary damage due to pharming fraud applies for suspension of payment and refund for loss (refer to Article 3 of “Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund for Loss”).
1. After immediately requesting suspension of payment through call center of police station or financial company
2. A refund for damage should be requested by submitting the “accident and incident fact confirmation” issued by the police to the relevant bank.
Fixing PC infected with malignant program
- If the following symptoms occur when accessing the website of a bank, financial company, etc. there is a possibility that the PC being used is infected with a malignant program and needs to be fixed.
Punishment for pharming damages
Punishment regarding electronic infringement in electronic transaction
- No person should perform any of the following acts:(Article 21-4 of the “Electronic Financial Transactions Act”).
· For anyone without access authority to electronic financial infrastructure, or for anyone with access authority to fabricate, destroy, conceal or leak the stored data beyond his or her authority
· Installing programs, such as computer virus, logic bomb, or mail bomb, for the purpose of destroying data of electronic financial infrastructure or obstructing the operation of electronic financial infrastructure
· Causing errors or hindrance to electronic financial infrastructure by methods, such as sending mass signal, high-powered electromagnetic wave or data simultaneously or having fraudulent commands be processed, for the purpose of obstructing the stable operation of electronic financial infrastructure
- A person that commits electronic infringement by violating such is punished by imprisonment with labor for not more than ten (10) years, or by a fine not exceeding 100 million won (Article 49(1) of the “Electronic Financial Transactions Act”).
Punishment for intrusion of information and communications network
- No one should intrude on an information and communications network without a rightful authority for access or beyond a permitted authority for access (Article 48(1) of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).
- A person who violates the above and intrudes on an information and communications network is punished by imprisonment with labor for up to five (5) years or by a fine not exceeding 50 million won (Subparagraph 9 of Article 71(1) of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).
Punishment for spreading malicious program
- No one should mutilate, destroy, alter, or forge an information and communications system, data, program, or similar without good cause, nor should he or she convey or spread a program that is likely to interrupt operation of such system, data, program, or similar (Article 48(2) of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).
- A person who violates the above and conveys or spreads a malicious program is punished by imprisonment with labor for up to seven (7) years or by a fine not exceeding 70 million won (Article 70-2 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).
Prohibition of mutilation and divulgence of information, etc. through hacking
- No one should mutilate another person's information processed, stored, or transmitted through an information and communications network, nor should he or she infringe, misappropriate, or divulge another person's secret (Article 49 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).
- A person who violates the above legislation and damages another person's information or who infringes, misappropriates, or divulges another person's secret is punished by imprisonment with labor for up to five (5) years or by a fine not exceeding 50 million won (Subparagraph 11 of Article 71(1) of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).