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Home»Legal and Regulatory»South Korea Crypto Law Case Heads To Appeal Over $5.1M Gains
Legal and Regulatory

South Korea Crypto Law Case Heads To Appeal Over $5.1M Gains

May 20, 2026No Comments4 Mins Read
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South Korea’s first crypto market manipulation case under the Virtual Asset User Protection Act is moving into a critical appeal phase on June 11. According to a local media report, the Seoul High Court will now review whether prosecutors can prove roughly 7.1 billion won, or roughly $5.1 million, in alleged illegal gains. The case has become a major test for South Korea’s new digital asset enforcement system, especially on how courts measure profits from unfair crypto trading.

Appeal Puts $5.1M Profit Claim at the Center

The case began after authorities accused the head of a crypto asset management firm and a former employee of manipulating a listed token between July and October 2024. Prosecutors alleged that the defendants used repeated high-price buy orders, low-price sell orders, fake buy orders, and automated trading.

The aim, according to prosecutors, was to inflate activity and create the appearance of stronger market demand. In February, the Seoul Southern District Court found the manipulation charges proven.

Consequently, the company representative received three years in prison, a 500 million won fine, and about 846 million won in confiscation. Similarly, the former employee received a two-year prison sentence, suspended for three years.

However, the court rejected prosecutors’ attempt to confiscate the full 7.1 billion won in alleged unfair gains. Judges said the calculation was not backed by sufficient evidence. That decision has made the appeal less about whether manipulation occurred and more about how illegal gains should be measured.

Fast-Track Case Tests New Crypto Enforcement Powers

The appeal is notable as it followed a fast-track referral process under the Virtual Asset User Protection Act. The law took effect on July 19, 2024, after years of concern over gaps in crypto oversight.

See also  CASPs should work on protocol interoperability, self-hosted wallets

Earlier rules focused mainly on anti-money laundering controls. The new framework, however, expanded supervision into user asset protection, exchange monitoring, and unfair trading practices, including price manipulation.

Under the system, exchanges can detect suspicious trading and submit findings for regulatory review. The Financial Services Commission and Financial Supervisory Service can then refer serious cases to prosecutors.

The FSC has also said fast-track referrals can be used when suspects may flee or destroy evidence. This case is therefore being watched as an early measure of how quickly the new system can move from trading alerts to court enforcement.

Meanwhile, both prosecutors and the defense have appealed. That means the higher court may examine the lower court’s manipulation finding and the disputed confiscation amount.

Crypto Tax Debate Adds Pressure on Investors

The appeal also comes as South Korea prepares to launch its delayed crypto tax framework in January 2027. Local media reported that the Ministry of Economy and Finance told a National Assembly forum on May 7 that crypto gains above 2.5 million won will face a combined 22% tax.

That includes a 20% income tax and a 2% local income tax. The National Tax Service has started preparing the exchange data collection and reporting infrastructure. The first related income tax filings are expected in 2028.

The plan could affect about 13 million crypto investors. It has remained politically sensitive after several delays, including the latest postponement from 2024 to 2027. Critics, on the other hand, argue that enforcement systems and policy consistency remain unresolved.

The debate sharpened after Seoul scrapped its financial investment income tax for stock investors while keeping separate rules for virtual assets. Overall, the June 11 hearing may now shape both courtroom standards and market expectations. For South Korea’s crypto sector, the appeal places enforcement, confiscation, and tax readiness under one spotlight.

See also  French Lawmakers Strike Softer Deal on Crypto Influencer Law

Related: Japan’s Bond Yield Spike Fuels Debt Fears and Global Market Stress

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