North Korea Using DeFi for Money Laundering

Calls for Regulation of Crypto Investment Management Firms Amidst Growing ConcernsThere have been recent calls in South Korea for crypto investment management companies to be subject to the Financial Investment Services and Capital Markets Act amidst concerns about potential regulatory blind spots negatively impacting crypto investors.Photo by Conny Schneider on UnsplashPushing for regulatory oversightKang Seong-hoo, chairman of the Korea Digital Asset Business Association (KDA) went into detail regarding the issue during a forum held by the association on Thursday to discuss the efficient use of technology and safety management in the era of the digital economy.He emphasized that dealings related to virtual asset management such as deposits, lending, and staking must be regulated by authorities under the Financial Investment Services and Capital Markets Act. This is due to the fact that crypto investment management companies are not within the purview of the Act On Reporting and Using Specified Financial Transaction Information or the Virtual Asset User Protection Act, the latter of which is set to take effect next year.The Act On Reporting and Using Specified Financial Transaction Information defines financial companies as those that provide services for selling, buying, exchanging, transferring, keeping, or managing virtual assets; or act as a broker, intermediary, or agent for these services. However, there is no mention of crypto management companies.Echoes of past crypto platform controversiesThese concerns are driven by the looming possibility of another debacle like the class-action lawsuits against crypto platforms like Haru Invest or Delio arising again as a result of regulatory gray areas. Two months ago, investors had filed a legal complaint after the two lenders unexpectedly suspended customer deposits and withdrawals, claiming that they suffered around KRW 50 billion (approximately $39 million at the time of the incident) in damages as a result.Furthermore, the Financial Intelligence Unit (FIU), a division under the Korean Financial Services Commission (FSC), recently stated in a report that virtual asset deposits, lending, and DeFi services do not fall under the obligations of the Act On Reporting and Using Specified Financial Transaction Information.“Given the context of the ongoing crypto winter since last year, the business model of virtual asset management companies, which is heavily reliant on arbitrage between exchanges, poses a high risk of incidents similar to the Haru Invest and Delio cases,” said Chairman Kang.“In order to ensure virtual asset user protection and market safety, authorities should promptly explore regulatory measures under the Financial Investment Services and Capital Markets Act for virtual asset management such as deposits, lending, staking, and the like.”

South Korea is holding a joint two-day conference with the Organization for Economic Co-operation and Development (OECD) on Monday to discuss digital finance in the member countries of the Association of Southeast Asian Nations (ASEAN).  Held in partnership with Korea’s Financial Services Commission (FSC) and the Korea Institute of Finance (KIF), the event was titled “OECD-FSC-KIF Roundtable on Digital Finance in ASEAN.” The roundtable intends to bring together many financial experts and high-ranking regulators worldwide, sharing the trend of digital financial frameworks in the ASEAN region while seeking solutions to emerging risks following financial digitalization.  Photo by Evangeline Shaw on UnsplashTwo-day event focusing on digital assets and AI The first day focused on the global market trend relative to digital assets such as central bank digital currency (CBDC) and virtual assets. FSC Vice Chairman Kim So-young, KIF Chairman Lee Hang-yong and OECD Director for Financial and Enterprise Affairs Carmine Di Noia delivered opening remarks, followed by discussion sessions joined by expert panelists. Among the first day’s roundtable agendas were: “Digital assets, CBDCs, tokenization and DLT-based finance: the Asian perspective,” “The limits of DeFi in terms for financial inclusion: Lessons from ASEAN,” “DeFi and crypto assets in ASEAN and beyond” and “Cyber-security in the financial sector.”  The second day focuses on leveraging artificial intelligence (AI) in financial sectors, with sessions titled “Artificial intelligence in Finance: the Asian perspective” and “Generative Artificial Intelligence in Finance in Asia and ASEAN.”  South Korea’s commitment to bolstering global financial cooperation During the roundtable, the FSC Vice Chairman Kim vowed to strengthen global financial cooperation with ASEAN countries. “(We) will continue strengthening our cooperation with other global partners, including ASEAN countries and international organizations, to share latest trends in finance and maintain our system in line with the international regulation norms,” said Kim. 

Korean Prosecutors Say Do Kwon and His Colleagues Knew Terra Was Unviable from the BeginningKorean prosecutors claimed that Terraform Labs founder Do Kwon and the key members behind the Terra-LUNA crash were aware of the project’s unviability from the beginning, according to a file issued by the Seoul Southern District Court.©Terraform LabsTerraform Labs founders misleading Korean investorsTerraform Labs founders Do Kwon and Daniel Shin attracted 280,000 investors in Korea alone, claiming that the Terra stablecoin is a means of transaction, even though the company leaders had been notified by the financial authority that Terra-accepting businesses were impermissible. It is reported that during a search and seizure of the company, Korean prosecutors collected evidence that its employees shared such knowledge on their internal messaging system.Terra’s cross trading on crypto exchangesKnowing their cryptocurrency’s unviability, Terra executives registered its sister token LUNA for listing on major Korean crypto exchanges in May 2019. According to the Korean prosecution, they used a bot to create a trade volume of more than 800 million won in three domestic crypto exchanges by cross trading between 2019 and early last year.Cross trading is illegal in the stock market, as it is considered as an act of price manipulation, but LUNA was traded in crypto exchanges and it hasn’t been determined whether their token is a security or not. Under current Korean law, the court has to accept it as a security to punish those behind the Terra collapse.Shin’s denial of allegationsMeanwhile, Daniel Shin denied the prosecution’s allegations and argued that they had never received such a notice from the financial regulator.