South Korean judge dismisses warrant for individual involved in Terra collapse: Report

Published at: Oct. 6, 2022

The warrant for Yoo Mo, the head of the business team of Terraform Labs, has reportedly been dismissed less than 48 hours after it had been issued.

According to an Oct. 6 report from South Korea’s Yonhap News Agency, Judge Hong Jin-Pyo of the Seoul Southern District Court said it was difficult to see the “necessity and significance” of arresting Yoo. The prosecutors’ office in the same jurisdiction reportedly issued a bench warrant for the Terraform Labs exec on Oct. 5 for charges including violating the Capital Markets Act and fraud by manipulating the price of TerraUSD (UST) — now TerraUSD Classic (USTC).

The judge reportedly considered the fact that Yoo had a residence and family ties in South Korea and was already barred from leaving the country in his decision. In addition, he questioned whether the LUNA token qualified as an “investment contract security” under Korea’s Capital Market Act. Yoo has reportedly not disputed his involvement in operating and managing one of Terra’s automated bot programs at the center of the scandal.

Yoo was the first individual to have potentially faced charges following the collapse of Terra in May. Prosecutors have the option of reapplying for an arrest warrant.

In September, a South Korean court issued an arrest warrant for Terra co-founder Do Kwon, followed by Interpol adding his name to its Red Notice list. At the time of publication, Kwon’s whereabouts were unknown. Reports have suggested the Terra co-founder may have left Singapore, but South Korea’s Ministry of Foreign Affairs ordered him to surrender his passport by Oct. 20 or risk the international travel document being voided.

Related: Terra could leave a similar regulatory legacy to that of Facebook’s Libra

The case against Kwon and Terra has had many legal implications for businesses in the crypto space. In September, the deputy minister of Indonesia’s Ministry of Trade proposed requiring two-thirds of directors and commissioners at crypto firms to be citizens, reportedly to prevent them “from fleeing the country if any problem arises.”

Tags
Law
Related Posts
South Korean judge dismisses arrest warrants for Terra co-founder Do Kwon's former associates
A judge with the Seoul Southern District Court has reportedly set aside arrest warrants for Terra co-founder Shin Hyun-seong along with those of 3 Terra investors and 4 developers. According to an Dec. 3 report from South Korea’s Yonhap News Agency, Judge Hong Jin-Pyo said there was little risk of Shin or the Terra associates destroying evidence related to the case against the crypto firm, and dismissed warrants that the Seoul Southern District Prosecutors Office issued on Nov. 29. The report added that Terra co-founder Do Kwon, also facing legal action in South Korea for his role in the firm’s …
Regulation / Dec. 2, 2022
South Korean authorities ask Interpol to issue 'Red Notice' for Do Kwon: Report
South Korean prosecutors have reportedly requested Interpol intervene in their case against Terra co-founder Do Kwon by issuing a 'Red Notice' — suggesting global law enforcement agencies may attempt to find and detain him. According to a Monday report from the Financial Times, the Seoul Southern District prosecutors’ office said it had “begun the procedure” to place Kwon on Interpol’s Red Notice list following steps to revoke the Terra co-founder’s passport while he was in Singapore. Interpol’s website states that a Red Notice requested authorities “locate and provisionally arrest a person pending extradition, surrender, or similar legal action,” but the …
Regulation / Sept. 19, 2022
Terra co-founder Do Kwon says he's 'making zero effort to hide' following Interpol notice
Terra co-founder Do Kwon, wanted by South Korean authorities and whose whereabouts are currently unknown, has suggested he’s not changing his routine in response to potential legal action. In a Monday tweet, Kwon said members of Crypto Twitter had likely seen him walking on the street or around shopping malls — without mentioning the city or country — in “the past couple weeks” despite Interpol reportedly issuing a Red Notice for the Terra co-founder. Kwon told his more than one million followers in a reply that he had not seen his name on Interpol’s list of individuals to “locate and …
Regulation / Sept. 26, 2022
South Korean prosecutors call on Terra co-founder Shin Hyun-seong to cooperate: Report
Authorities in South Korea have reportedly requested Terraform Labs co-founder Shin Hyun-Seong, also known as Daniel Shin, to appear as part of an investigation into the collapse of the firm. According to a Nov. 14 report from Hankyoreh, the Seoul Southern District Prosecutor's Office's Joint Financial and Securities Crime Investigation Team announced that Shin should appear before prosecutors sometime this week. Authorities reportedly alleged the Terra co-founder held many Terra (LUNA) tokens — now Terra Classic (LUNC) — without the knowledge of retail investors and earned roughly 140 billion won — more than $105 million at the time of publication …
Regulation / Nov. 14, 2022
South Korean court freezes $92M in assets related to Terra tokens
More than six months after the collapse of the Terra ecosystem, South Korean authorities continue to investigate and freeze the funds of persons involved in Terra. After seizing 140 billion won ($108 million) from Terra co-founder Shin Hyun-Seong in November, the Seoul Southern District Court has recently ruled to confiscate more assets related to Terra. The South Korean court has ordered to freeze of 120 billion won ($92 million) in assets of former and incumbent CEOs of Terraform Labs’ affiliate firm Kernel Labs, The Korea Economic Daily reported on Dec. 20. Founded in 2018, Kernel Labs is a blockchain consultancy …
Regulation / Dec. 20, 2022