Korea Investment and Securities Completes the Construction of Security Token Infrastructure

Chinese Court Recognizes Virtual Assets as Legal PropertyAccording to a recent report published by the People’s Courts of the People’s Republic of China, a Chinese court has recognized the legal status of virtual assets, having analyzed their attributes within the framework of Chinese criminal law.The court unequivocally stated that virtual assets are considered legal property under the current legal policy framework and are thus protected by law.The People’s Courts of the People’s Republic of China exercise judicial power independently, free from interference by administrative or public organizations. They have responsibility for adjudicating civil, criminal, and administrative cases.Photo by Christian Lue on UnsplashProperty classificationLocal news source Odaily News reported on the development on Friday, indicating that the report, titled “Identification of the Property Attributes of Virtual Currency and Disposal of Property Involved in the Case,” explicitly recognized the economic attributes of virtual assets, leading to their classification as property.This declaration is particularly significant in light of China’s sweeping ban on decentralized cryptocurrencies. Despite this ban, the report argues that virtual assets held by individuals should enjoy legal protection within the existing policy framework.Furthermore, the report proposed recommendations for addressing crimes involving virtual assets. It emphasized that in cases where money and property are involved, confiscation should be based on the integration of criminal and civil law. The approach taken aims to strike a balance between safeguarding personal property rights while also addressing broader social and public interests.Contentious approach to cryptoWhile China has been making every effort to promote its central bank digital currency (CBDC) and the development of blockchain and metaverse-related technology within the country, its stance on decentralized cryptocurrencies has been contentious at best.Its approach in that respect has been marked by a blanket ban on crypto-related activities such as mining and trading and the prohibition of foreign crypto exchanges from serving customers within mainland China. Nevertheless, Chinese courts have consistently taken a more nuanced view without necessarily contradicting the government’s approach.Differing interpretationsThe divergence between national policy and court rulings first emerged in 2019 when the Hangzhou Internet Court found that Bitcoin is a form of virtual property, and on that basis, it is safeguarded by the law from the point of view of property rights. In May 2022, a Shanghai court affirmed that Bitcoin qualifies as virtual property and, as such, falls under the purview of property rights.Global issueIt’s not just the Chinese courts that are grappling with the issue of clarifying property rights relative to virtual assets. In April of this year, a case in Hong Kong involving defunct crypto exchange Gatecoin resulted in the courts determining that cryptocurrency is property and that on that basis, it’s “capable of being held in trust.”In July a Singaporean court determined that cryptocurrency is capable of being held in trust and on that basis, it should be recognized as property. Earlier this year, the High Court of Justice in London recognized non-fungible tokens (NFTs) as property.The report from the People’s Court reaffirms the legal status of virtual assets as protected property under Chinese law. This development highlights the ongoing divergence between China’s regulatory policy and the judicial interpretation of virtual assets, signaling a potential evolution in the country’s approach to cryptocurrencies.

Military Bank (MB Bank), a subsidiary of Vietnam’s Ministry of National Defence and a top-five bank in Vietnam serving 33 million customers, has partnered with South Korea’s Dunamu to launch the Southeast Asian nation’s first domestic digital asset exchange. Dunamu is the operator of Upbit, South Korea’s largest cryptocurrency exchange. In a statement published on its website on Aug. 13, Dunamu outlined that the two companies had signed a memorandum of understanding (MOU) with the objective of forging a technical partnership to foster Vietnam’s virtual asset market. With that overarching aspiration, the companies plan to establish a digital asset exchange. The deal was signed on Aug. 12 at the Korea-Vietnam Business Forum, an event that was held at the Lotte Hotel in Seoul. Through Upbit, Dunamu has considerable experience and know-how in the crypto exchange business. Its purpose in this partnership is to bring that ability and Upbit’s technology to the establishment of a new exchange in Vietnam.Photo by Peter Nguyen on UnsplashDunamu CEO Oh Gyeong-seok commented on the development, stating: “Vietnam's potential is shown by the more than 20 million virtual asset holders, annual trading volume of more than $800 billion and the inflow of global top 5 blockchain assets.” The Dunamu CEO added that when Vietnam’s proven growth potential meets the Upbit model, it will provide an opportunity to go further than the creation of a crypto exchange, with the development and design of “the entire national digital financial infrastructure based on trust.” Growing and developing Vietnam’s digital financial marketThis aspiration was shared by Military Bank Chairman Liu Zongtai, who stated: “In the future, Vietnam and Korea, Military Bank and Upbit will work together to grow and develop Vietnam's digital financial market as reliable cooperation partners.” As well as sharing its technology and infrastructure, Dunamu will also advise the company on matters such as regulatory compliance and investor protection. Vietnam has previously been hailed as a market that is seeing a significant level of crypto adoption. According to Statista, the market is expected to experience significant growth in the coming years. Crypto user penetration has been forecast to reach over 21% by 2026. The Vietnamese government has also been putting things in order to accommodate crypto assets. In June, the Vietnamese National Assembly passed the Digital Technology Industry Law. The legislation goes some way in providing regulatory clarity, with the categorization of virtual assets and crypto assets. Last October, the authorities set out a blockchain strategy for the Southeast Asian nation, with the aspiration of achieving regional leadership relative to the digital assets sector by 2030. Upbit is a significant player in the crypto sector. According to CoinMarketCap data, it’s the fourth-largest spot exchange platform globally, measured in terms of trading volume. For the month of July, it achieved a trading volume of $110.21 billion, trailing Bitget at $126.05 billion and Bybit at $122.3 billion, while Binance led the market with $683.41 billion. 

Two Russian nationals have been referred to prosecutors in South Korea for allegedly facilitating the illegal transfer of roughly 58 billion won ($42.2 million) to Russia using USDT, a U.S. dollar-pegged stablecoin. According to a report by KBS News, the Seoul branch of the Korea Customs Service (KCS) announced the charges on May 22, citing violations of the country’s Foreign Exchange Transaction Act. The suspects, a man and a woman both in their 40s, reportedly operated an unauthorized money exchange business to carry out the transactions.Photo by Polina Tankilevitch on PexelsOver 6K transactionsAuthorities suspect the pair of repeatedly using USDT to conduct cross-border transfers between South Korea and Russia. From January 2023 to July 2023, the duo allegedly completed 6,156 illegal remittance transactions, either sending funds abroad or receiving payments on behalf of others, totaling the full 58 billion won in question. Investigators revealed that the two suspects, who hold permanent residency in South Korea and have overseas Korean status, used the messaging app Telegram to solicit clients. When transferring money to Russia, they reportedly collected funds via kiosks in convenience stores that allow users to send money without a bank account. The collected cash was then used to purchase USDT to complete the remittances. According to customs officials, the suspects would either send the cryptocurrency directly to a crypto wallet specified by the customer, or forward it to accomplices in Russia. These accomplices would then convert the crypto to cash and distribute rubles to recipients through local channels. Illicit crypto use by businesses The operation also handled export payments for South Korean businesses. The suspects reportedly accepted payments from Russian importers on behalf of Korean used car dealers and cosmetics exporters. In these cases, associates in Russia would collect ruble payments from importers, convert the funds into USDT and send the cryptocurrency to contacts in Korea. The funds were then exchanged for Korean won and deposited into the accounts of the businesses. Customs officials believe that the group’s services became particularly appealing after the start of the Russia-Ukraine war in 2022. In the wake of U.S. and international sanctions against Russia, legitimate financial channels for cross-border transactions became restricted, prompting some companies and individuals to turn to illegal alternatives. The Korean export companies involved in these transactions have been fined. The Seoul Customs Office emphasized that illegal money exchange operations are often exploited for criminal activities such as drug trafficking, voice phishing and gambling. In response, the agency committed to stronger enforcement and pledged to spare no effort in combating unlawful financial operations. Scams grow inside the borderThe surge in crypto-related financial crimes in South Korea extends beyond cross-border transactions. According to a recent report by Maeil Business Newspaper, Kakao Pay—a local mobile payment platform—has detected around 70,000 cases of malicious apps linked to virtual assets over the past month. Of those, 80% were associated with Ponzi schemes, where fraudsters lure victims with promises of high returns before disappearing with the funds. A Kakao Pay spokesperson noted that new forms of security threats are emerging alongside the rapid growth of the crypto market, adding that the company is prioritizing the development of stronger security systems.