South Korean FSC updates definition of virtual assets and VASP regulations for Virtual Asset User…

South Korea: Crypto Exchange Execs Indicted on Manipulation ChargesA number of executives at Coinone, one of South Korea’s leading cryptocurrency exchanges, have been indicted on charges related to market manipulation.That’s according to a report published by South Korean news outlet, The JoongAng, on Monday. The complaint details no less than forty-six coins that are alleged to have been the subject of manipulation in some form. That represents one in four of the total number of coins that the exchange has enabled for trading on the platform.Photo by Burak The Weekender on PexelsFour executives indictedThe indictment lists four Coinone executives, Mr. Jeon, Mr. Kim, Mr. Ko, and Mr. Hwang. The four have been charged with employing illegal mechanisms to manipulate coin listings, resulting in the four executives profiting to the tune of 2.98 billion Korean Won, which amounts to $2.26 million dollars according to current fx exchange rates.The complaint specifies that these offenses were committed between December 2019 and November 2022. South Korean prosecutors further allege that prior to various projects obtaining a token listing on Coinone, company executives made them sign third-party market-making contracts. That in and of itself is not unusual.One of the key aspects of a new coin listing (and an ongoing listing for that matter), is the need to have sufficient liquidity in place to ensure that the coin can be traded without being susceptible to market manipulation. Low liquidity conditions open the door to bad actors moving the market relative to a particular token.Cross tradingThe indictment is far more specific in calling out illegal cross trading activity. It’s likely that these key Coinone employees would have been expecting such an indictment to land at their doors. Last week, it emerged that LUNA tokens associated with Terraform Labs’ failed Terra USD (TUSD) algorithmic stablecoin project, had been illegally cross traded on three South Korean crypto exchanges: Bithumb, GoPax and Coinone.Cross trading is the practice of trading an asset on an exchange without recording the transaction transparently on the exchange. Strictly speaking, the activity can be legitimate although most exchanges prohibit the practice as it can be used to affect market manipulation.A cross trade could be permitted in a scenario where the price is deemed to be competitive at the time that the trade takes place. While this can more easily be determined in conventional markets as the practice is covered by specific regulation, that’s not the case in most jurisdictions right now where digital asset trading is concerned. By extension, there’s a complete lack of transparency and a lack of reporting.As other market participants don’t have visibility of this type of trading activity, they are unaware as to whether a better price is available on the market or not. In an unregulated state, the practice undermines trust.In the case of Coinone, the executives enabled the practice in order to provide an illusion with regard to trading activity. That meant that trading volumes claimed were inaccurate, misleading ordinary traders and exchange users. Along with trading volume in these coins being artificially boosted, so too were token prices.In the indictment, prosecutors explicitly alleged that cross trading was being employed in an illegal manner:“This price manipulation causes misunderstandings about the trading volume and market price among general members of the exchange, and induces [service users] to participate in the coin transaction and buy the coin.”

Seoul police arrest 24 in $11.6M crypto investment scamForty-nine individuals involved with six investment fraud rings, which ran fraudulent cryptocurrency investment websites promising returns of 500% on the day of the investment, have been referred to South Korean prosecutors, according to a report by local news outlet Edaily. Korean police have arrested and detained 24 members of these syndicates and issued Interpol red notices for nine individuals, including two leaders based abroad.The Cyber Investigation Unit of the Seoul Metropolitan Police Agency (SMPA) announced on Tuesday (local time) that they have handed over a total of 49 individuals involved in the fraudulent scheme to the prosecution. These individuals collectively defrauded 253 victims out of KRW 15.1 billion ($11.6 million) by masquerading as investment advisors and luring the victims into chat rooms designed to offer fake investment opportunities. The police have charged them with fraud and violating the law against hiding illegal earnings, confiscating KRW 1.6 billion of the illicit funds.Photo by Bermix Studio on UnsplashOverseas leadershipTwo South Korean leaders are alleged to have orchestrated a crypto scam from the Philippines and other locations. Between September 2020 and April of last year, they recruited teams to work through Telegram, a messaging app, to execute various tasks, including withdrawing and laundering victims’ funds, managing bank accounts, running websites and enticing and defrauding victims. They imitated a legitimate investment firm to create a bogus cryptocurrency investment website and also operated chat rooms on Korean mobile messaging platforms to facilitate their scam.The fraudsters involved in this cryptocurrency scam operated by employing a database containing 1.62 million pieces of personal information illegally obtained through Telegram. Using this information, they randomly invited potential victims into chat rooms.Luring victims with promises of 500% returnsParticipants in the scheme took on multiple roles to share fabricated success stories about investments to lure individuals to their fraudulent site. They enticed victims with promises of a 500% return on the day of investment.Once lured to the site, victims were presented with manipulated images that showed fictitious investment returns, persuading them to invest money. The scammers would then entice victims to pay even more, citing taxes and extra fees. Eventually, the fraudsters would cut off the victims’ access to their accounts. The stolen funds, ranging from KRW 2 million to KRW 430 million per victim, were laundered through currency exchanges or by buying gift certificates.After 253 similar complaints were filed nationwide, police consolidated these reports and initiated an investigation in January of last year. During the investigation, they uncovered the participation of several local teams in the fraudulent operation. From March 2022 to last month, all Korean members involved were apprehended, except for nine individuals now on Interpol’s wanted list. Police are working on extraditing one of the two masterminds orchestrating the scheme from abroad after the person voluntarily surrendered. The other ringleader remains at large, flagged as a fugitive by Interpol, and authorities are pursuing their extradition.Oh Kyu-sik, who leads Cybercrime Investigation Unit 2 at the SMPA, has warned that chat rooms promising high returns on investments in virtual assets, stocks and futures should be approached with caution due to the high risk of fraud. He recommends that investors should verify the legitimacy of cryptocurrency investment sites by checking for any fraud reports listed on the Financial Intelligence Unit (FIU) website. Additionally, he suggests confirming the authenticity of investment companies through the FINE portal, which is operated by the Financial Supervisory Service (FSS).

Regulatory Caution Among Asian Nations Amid Reports of Illicit FinancingWith a plethora of reports of crypto-related terrorist financing having been published in recent weeks, it’s understood that Asian nations may be looking to exercise caution when it comes to the current ongoing process of establishing regulatory guidelines for crypto.That’s according to a report published by the South China Morning Post (SCMP) on Thursday. The use of cryptocurrency by Hamas to fund its attack on Israel is being seen as the catalyst that may drive authorities in various Asian nations to take a more cautious approach to regulating digital currencies, according to analysts cited by the publication.Raj Kapoor, the founder of India Blockchain Alliance (IBA), commented on these recent developments, stating:”It is a kick on the backside for most governments. All regulatory bodies will take a closer look at crypto regulation. Governments will need to start implementing new rules and regulations.”At the recent G20 summit held in New Delhi, a joint declaration called for the regulation, supervision, and oversight of crypto assets, among other measures. The declaration emphasized the importance of supporting “a coordinated and comprehensive policy and regulatory framework.”Kapoor stressed the importance of revisiting the declaration and developing solutions to implement its objectives.Photo by Adolfo Félix on UnsplashRenewed scrutinyEvents in Palestine in recent weeks have led to renewed scrutiny when it comes to monitoring illicit financing activity via cryptocurrency. Only days following the recent Hamas attack, Israeli authorities moved to freeze specified crypto accounts.That scrutiny has continued in recent days, with more accounts having been frozen on crypto platforms such as Binance, while more still have been identified as suspicious, with requests for further information having been submitted in respect of over 200 additional accounts.On Wednesday it emerged that the United States Treasury’s Office of Foreign Assets Control (OFAC) had sanctioned a Gaza-based crypto platform.Potential over-reactionWhile crypto-related terrorist financing has been widely publicized, blockchain analytics firm Chainalysis warned on Wednesday that crypto’s role in this illicit activity has likely been overstated. In its blog post on the subject, the firm stated:“Although terrorism financing is a very small portion of the already very small portion of cryptocurrency transaction volume that is illicit, some terrorist organizations raise, store, and transfer funds using cryptocurrency.”Additionally, Chainalysis stated that it had seen “overstated metrics and flawed analyses of these terrorist groups’ use of cryptocurrency.” Peter Van Valkenburgh, Director of Research at non-profit crypto advocacy group Coin Center, also believes that reporting on the matter is not balanced. Taking to X, he stated:“Sensational early reporting on the scale of Hamas crypto fundraising significantly misstated the amounts involved.”Coin Center’s Director of Communications, Neeraj Agrawal, highlighted an article which claimed that crypto “fueled Hamas’ terror attack on Israel” in its title, only to reveal within the body of the article that “cryptocurrency is still far from the largest funding source for terrorism.”Anndy Lian, a Singapore-based author and inter-governmental blockchain adviser, noted that while some countries may consider banning cryptocurrencies as a solution, this could merely drive illicit financing underground and make it more challenging to trace and halt. Lian argued that cryptocurrencies are traceable and trackable, unlike traditional fiat currencies like US dollars.