Crypto fund manager secures capital markets license in Singapore

Korean Financial Watchdog to Penalize Bankers Involved in Illegal Foreign RemittancesThe Korean Financial Supervisory Service (FSS) recently completed an investigation into illegal foreign remittances of approximately 16 trillion KRW (~$12,137,718,400) that involved numerous bankers.©Unsplash/Paul FiedlerExploiting the kimchi premiumThe investigation, launched by the Korean financial watchdog last June, found that these lawbreakers sent funds to China, Hong Kong, and other overseas destinations through Korean crypto exchanges, trading firms, and bank branches with an aim of making money through arbitrage by taking the advantage of the kimchi premium, a term used to describe that the higher prices of crypto assets in Korean exchanges compared to their foreign counterparts.Bankers neglecting the KYC ruleSome of these bankers participated in the crime by raising the remittance cap and applying favorable exchange rates to trading companies that had no previous transaction records with banks. By law, bankers in Korea are obligated to follow the “know your customer” rule. It was found that 12 domestic banks and one futures firm were involved in this incident.The FSS has decided to impose strict penalties on these financial institutions, considering they were exploited for money laundering purposes. These entities are likely to have some of their services suspended, with the employees involved being fired.Accountability of top bankersOne key point to watch out for is whether the FSS would be able to hold executives accountable. Some say penalizing top bankers is not easy, given that it has to be proven that the employees’ criminal activities were due to a lack of executives’ internal control.The financial regulator recently announced plans to revise the law governing banks’ governance, but it is expected that such a bill would take some time to pass through the National Assembly.Through a revision of the law, the financial authority aims to hold top executives at financial institutions more responsible for serious financial accidents. It looks forward to bestowing top bankers with the obligation of comprehensive internal control management and making them accountable as an overall manager only in case of critical financial accidents. The term “top executives” in the bill will encompass not only bank presidents but also chairpersons of financial holding companies. More specific revision plans are expected to be revealed by the end of this month.

Korea Makes Strides in Establishing the Legal Framework for Security TokensSouth Korea is making significant strides in establishing a legal framework that enables individuals to own and trade fractional shares or portions of real-world assets such as music copyrights, real estate properties, and artworks, through tokenization on blockchain platforms.Photo by Tingey Injury Law Firm on UnsplashAmendments to two actsAccording to a report by local news outlet Newsis, the ruling People Power Party (PPP) and the Financial Services Commission (FSC) are actively involved in proposing amendments to the Electronic Securities Act and the Capital Markets Act to legalize security tokens. These amendments will be presented to the National Assembly this month by PPP lawmaker Yun Chang-hyun, who is also a member of the National Policy Committee.Security tokens, which utilize the capabilities of blockchain technology, will play a pivotal role in this context. Once the legal framework is in place, the issuance and distribution of these tokens will be facilitated.In preparation for the proposal of these amendments, PPP lawmakers conducted a hearing today to discuss the matter at hand. The hearing included a presentation by Lee Soo-young, Head of the FSC’s Capital Markets Division, who shed light on the formulation of security token policies to bolster the capital market. Additionally, Choi Jeong-cheol, Head of the Strategy and Planning Division at Korea Securities Depository, outlined the key points of the proposed amendments to the Electronic Securities Act and the Capital Markets Act. Distinguished attendees at the hearing included Park Sun-young, an economics professor at Dogguk University; Hwang Hyun-il, a financial lawyer at law firm Shin and Kim; and Kim Kap-lae, a senior researcher at the Korea Capital Market Institute.Details in subsequent decreesIt is anticipated that these amendments will incorporate the framework introduced by the FSC in February, which focuses on enabling the issuance and distribution of security tokens, as well as establishing account management organizations and over-the-counter (OTC) brokerages. The forthcoming enforcement decrees, following the amendment of these Acts, will specify the precise details, including the authorization requirements for these entities and investment limits.

Korean Prosecutors Allocate $734K Budget for Crypto Crime InvestigationsThe South Korean Supreme Prosecutors’ Office has earmarked a budget of up to KRW 986 million (approximately $734,000) this year for investigations pertaining to virtual assets, according to data received by the local newspaper Law Times from the Ministry of Justice last Thursday. The significant size of the budget suggests that the prosecution is prioritizing efforts to combat the growing surge in virtual asset-related crimes.Photo by Tingey Injury Law Firm on UnsplashBudget divisionWithin this budget, KRW 778 million has been designated for the purchase of software licenses for virtual asset tracing and analysis equipment, while KRW 280 million has been allocated for an integrated strategic plan to establish a platform for analyzing and tracing unauthorized virtual asset transactions. The budget for this platform consists of preliminary planning costs. Related expenditures are expected to increase as the project is fully implemented.“It is true that our budgets are being concentrated on crimes related to virtual assets due to the fact that they have recently become a social issue,” said a prosecution official. “It may not be a lot compared to our overall budget, but assigning almost KRW 1 billion for one specific field of investigation is still a considerate amount.”Rising crypto crimesIn Korea, crimes associated with virtual assets have been increasing annually. This includes tax evasion, bribery, foreign exchange law violations, and money laundering, as well as cryptocurrency market issues including issuance, listing, and distribution. According to the Supreme Prosecutors’ Office, reported cases of suspicious virtual asset transactions received by the Korea Financial Intelligence Unit (KoFIU) surged from an average of 66 cases per month in 2021 to 900 cases in 2022, then 943 cases in 2023 — a fourteen-fold increase in just three years.Subsequently, the scale of the damages caused by cryptocurrency crimes has also seen a sharp rise. The total value of all reported damages skyrocketed from KRW 467.4 billion in 2017 to KRW 1.02 trillion last year, more than doubling in five years. The cumulative loss over this period exceeds KRW 5.3 trillion.Focused effortsThe prosecution has thus dispatched financial experts from organizations including KoFIU and Korea Exchange to create a joint virtual asset crime investigation unit under the Seoul Southern District Prosecutors’ Office dedicated to investigating cryptocurrency crimes.The prosecution’s Cybercrime Investigation Division has also begun developing a tracking system optimized for the Korean market to trace the flow of virtual assets. The foreign software that is currently being used for tracking comes with considerable expenses and limitations, particularly for tracking flows within the domestic market, where there are many transactions involving smaller, locally-issued cryptocurrencies called “kimchi coins.”“We are dedicating our manpower and technological development to virtual asset investigations,” said a high-ranking official from the prosecution. “We will also strive to secure the budget necessary for these efforts.”