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Civic Group Files Embezzlement Complaint Against Former Kakao Chairman Over KLAY Tokens

Policy & Regulation·September 13, 2023, 9:42 AM

A South Korean civic group, known as Economic Democracy 21, filed on Wednesday a prosecution complaint against Kim Beom-soo, the former chairman of the internet giant Kakao, and several executives from Kakao’s affiliated companies. The allegations at hand pertain to embezzlement, specifically revolving around the virtual asset known as KLAY.

Photo by Tingey Injury Law Firm on Unsplash

 

Klaytn’s native token

KLAY represents the native token of the Klaytn blockchain, which was developed by GroundX, a blockchain subsidiary of Kakao.

 

Legal breach claims

The complaint, formally submitted to the joint crypto-crime investigation division of the Seoul Southern District Prosecutors’ Office, asserts that Kakao executives have breached the Act on the Aggravated Punishment of Specific Economic Crimes and the Capital Markets Act.

 

Clandestine pre-sales

Within the detailed complaint, Economic Democracy 21 alleges that following the issuance of KLAY, Kakao’s executives conducted private pre-sales of KLAY tokens before their official listing. These pre-sales activities reportedly raised between KRW 150 billion and 300 billion ($113 million and $226 million). The accusation is that these funds were not channeled into business endeavors, but rather diverted for personal use.

The complaint also contends that Kim and other executives withdrew KLAY tokens from the company under the guise of investments, compensation, and service fees related to “overseas investment business” since 2022. The civic group further asserted that these corporate leaders employed a program to manipulate transaction records, presumably with the intent of preventing third parties from discovering the nature of these transactions.

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Web3 & Enterprise·

Dec 15, 2023

Exploring the motivations behind Crescendo’s multi-million dollar investment in LINE NEXT

Exploring the motivations behind Crescendo’s multi-million dollar investment in LINE NEXTIn a move that has made headlines as the largest investment made in the Asian blockchain and Web3 industry this year, Seoul-based private equity firm Crescendo Equity Partners has decided to invest $140 million in LINE NEXT, the NFT business arm of Tokyo-based Internet giant LINE Corporation. According to South Korean news outlet DealSite, this can be seen as a strategic decision to leverage LINE’s global network, which dominates the Japanese market. Considering Crescendo’s track record of successful investments in various IT companies, the industry is keen to see whether the firm can replicate this success in the rapidly growing blockchain sector.Photo by Pepi Stojanovski on UnsplashConsortium takes controlAccording to the South Korean Financial Supervisory Service’s (FSS) Data Analysis, Retrieval and Transfer (DART) System on Thursday (local time), Crescendo’s special purpose company (SPC) established to manage the LINE NEXT investment dubbed Ludwig Holdings will act as a third party in the investment by providing KRW 130 billion in paid-in capital. Other financial investors will also contribute KRW 52 billion through a consortium formed with Crescendo, bringing the total investment amount to KRW 182 billion, or approximately $140 million.As a result of this capital increase, 795,401 new shares will be issued. Crescendo’s consortium will thus secure a 50% stake plus one more share, making it the largest shareholder group. However, among individual shareholders, LY Corporation will maintain its position as the single largest shareholder. The existing number of shares was 795,400. Crescendo plans to utilize its third fund, which raised KRW 1.1 trillion in 2021, to provide the funds by next February.Smooth transitionAlthough the consortium has become the largest shareholder group, there is no indication of an immediate change in LINE NEXT’s current management board. This decision is likely because blockchain development companies should be run by executives who are familiar with the unique ins and outs of the blockchain industry. The firm’s current CEO, Ko Young-su, is an IT expert who had been responsible for financial technology (fintech) operations at LINE Corp.Web3 expansionThrough the investment, LINE NEXT plans to popularize Web3 by expanding its global platform and developing new services. This includes DOSI, a global mobile NFT marketplace app for trading digital products, which will be integrated with LINE’s Japanese NFT marketplace LINE NFT. DOSI’s launch is scheduled for January next year.Navigating uncharted territoryMany believe that LINE NEXT’s ambitions for dominating the blockchain sector aligning with Crescendo’s tradition of investing in promising IT companies is sufficient justification for the major funding decision. However, some observers find the development surprising, considering the fact that it is rare for private equity firms in Korea to make such large investments in blockchain firms — an industry that has mostly been an unpopular choice for investors, likely due to its close association with crypto assets. Indeed, Crescendo’s interest in the company may have been partly driven by the fact that it is more focused on blockchain technology itself rather than crypto.“Crescendo seems to have focused on LINE’s global network, which pushed it to invest in its subsidiary. Considering the popularity of NFTs and other related projects last year, expanding this area of business seems plausible,” said an anonymous source from the investment banking industry. “Peter Thiel [the billionaire entrepreneur and venture capitalist who sponsored Crescendo] is known to have a keen interest in blockchain technology and is actively making investments in the sector, which probably made the decision-making process much smoother.”This development signifies yet another shift in the evolving business landscape, where parts of the industry that have not been traditionally associated with blockchain are increasingly recognizing the potential of its role in the future of industry and technology.

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Policy & Regulation·

Aug 17, 2023

DeFiance Capital Secures Interim Victory in Dispute With 3AC

DeFiance Capital Secures Interim Victory in Dispute With 3ACSingapore’s DeFiance Capital, a Web3 and crypto investment firm, has notched up a small triumph in its ongoing $140 million legal clash with failed Singaporean crypto hedge fund, Three Arrows Capital (3AC).Photo by Sasun Bughdaryan on UnsplashFavorable rulingAccording to a statement provided via a Medium blog post by DeFiance Capital Founder and CEO Arthur Cheong on Tuesday, the High Court of Singapore has delivered a favorable ruling for the firm, endorsing its preference for jurisdiction in Singapore, rather than the British Virgin Islands, which had been advocated by 3AC.The tussle between 3AC and DeFiance Capital centers around the ownership of certain assets. The liquidators appointed by the British Virgin Islands Court, from Teneo, assert that these assets essentially belong to 3AC’s creditors. However, DeFiance Capital argues vehemently that these assets must be partitioned and returned to its stakeholders.Struggle over assets and jurisdictionAt the heart of the matter are assets totaling $115 million, encompassing digital currencies and non-fungible tokens (NFTs), which currently remain under the control of DeFiance Capital. Additionally, there are 69 SAFE (simple agreement for future equity)/SAFT (simple agreement for future tokens) agreements linked to 3AC. Although Teneo places the collective worth of these assets at roughly $141 million, DeFiance Capital’s estimation is more conservative, pegging it at around $120 million.Beyond asset ownership, jurisdiction has become a pivotal point of contention in the legal discourse. DeFiance Capital has steadfastly advocated for legal proceedings to take place in Singapore, where it operates, as opposed to the British Virgin Islands. The recent ruling from the High Court of Singapore lends support to this stance, challenging Teneo’s argument.DeFiance articulated its position, asserting: “Our position was that all the important witnesses and documents are in Singapore and the dispute ought to be heard by the Singapore Courts to ensure all relevant evidence would be available.”With the court’s decision aligning with DeFiance’s jurisdictional preference, the firm hopes that this development will pave the way for more substantive engagement between the parties, rather than being embroiled in procedural wrangling. The firm believes that this will allow the focus to shift towards addressing the core issues at hand.Business riftThe genesis of this legal saga dates back to 2020 when DeFiance was established as part of the 3AC group, operating autonomously under the stewardship of its founder, Arthur Cheong. The rift escalated in February 2022, when Cheong declined 3AC’s proposal to relocate to Dubai, eventually leading to the formation of two Singapore-based firms in May of that year.Furthermore, in the same month, DeFiance extended a loan of $35 million worth of USDC to 3AC, effectively becoming a creditor. Complications arose when 3AC’s founders transferred legal rights related to DeFiance Capital, a transaction that remained incomplete as 3AC filed for bankruptcy.In light of the ongoing dispute, 3AC asserted that DeFiance’s assets should be harnessed to settle its debts. However, DeFiance firmly stood its ground, upholding its ownership claims over the assets.With liquidators advocating for resolution in the British Virgin Islands — a move that DeFiance rejected due to its Singaporean management ties with 3AC — the stage was set for the legal clash that has now taken a notable turn with this recent court ruling.

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Web3 & Enterprise·

Sep 12, 2023

Coinbase Affirms Commitment to India Despite Disabling Sign-Ups

Coinbase Affirms Commitment to India Despite Disabling Sign-UpsLeading US-based cryptocurrency exchange Coinbase announced on Monday that it has temporarily disabled new user sign-ups for its exchange platform in India.A report emerged via India’s English-language business daily The Economic Times on Monday which stated that Coinbase was stopping “all services” for Indian users.Photo by Big G Media on UnsplashClarification of a misunderstandingIt appears that Coinbase sent emails to a subset of its Indian customers, notifying them of the cessation of exchange operations in the country by September 25. However, a more recent report by TechCrunch outlined that Coinbase has provided further clarification that these emails were sent exclusively to customers who did not meet the updated standards set by the company.On that basis, these messages do not affect and are not relevant to the majority of Coinbase users in India. The email further advised affected users to transfer their funds from the platform by the specified date.A Coinbase spokesperson communicated to TechCrunch via email, stating:“We stopped allowing new user sign-ups on our exchange product in India back in June of this year. We maintain a robust tech hub in the country and offer live products, including our Coinbase Wallet. We are committed to India over the long term.”Coinbase’s proprietary exchange app in India reportedly boasts fewer than 50,000 monthly active users, as indicated by data from Sensor Tower, shared by an industry executive.Difficulty in cracking Indian marketDespite its aspirations, Coinbase has been unable to make headway with local authorities since launching its exchange in India over a year ago. The lack of progress with local officials has proven frustrating for company executives, including Durgesh Kaushik, who joined Coinbase last year as the Senior Director for Market Expansion, only to leave the company within a couple of months.Coinbase’s CEO, Brian Armstrong, made a visit to India last year to launch the exchange service by adding support for India’s popular payment instrument, the Unified Payments Interface (UPI). Unfortunately, the body overseeing UPI immediately denied Coinbase’s recognition, leading Coinbase to suspend support for the payment system shortly thereafter.UPI has proven to be a runaway success in India. Consequently, being able to access and integrate with it would be very important in providing Coinbase’s Indian customers with the means of on-ramping and off-ramping between the exchange and fiat currency. Coinbase affirmed its commitment to collaborating with the National Payments Corporation of India (NPCI) relative to UPI but these efforts simply have not borne fruit.RBI pushbackIn May of the same year, Armstrong disclosed that Coinbase had to halt its trading service in India due to “informal pressure” from the Reserve Bank of India (RBI), the nation’s central bank. Armstrong pointed out that cryptocurrency trading isn’t illegal in India — in fact, the country had recently imposed taxation on it. However, there were elements within the government, including the RBI, that appeared less enthusiastic about cryptocurrencies and were exerting “soft pressure” behind the scenes.Notably, other Indian cryptocurrency exchanges like CoinDCX and CoinSwitch remain operational, but they’ve had their own struggles in their own local market. In August CoinSwitch downsized its headcount, citing a 30% tax on crypto gains and a 1% tax deducted at source (TDS) on transactions as contributing factors. That same month, CoinDCX cut its headcount by 12%.

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