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Prosecution ReferralCriminal
Stock Signal Room Fraud Involving Manipulated Profit Proof — Criminal Complaint Representation and Prosecution Referral
The client was a victim of a fraudulent stock signal room, also known as an investment advisory chatroom, operated by an unregistered or improperly operated investment advisory business. The company used manipulated profit screenshots and KakaoTalk message captures to recruit new members. These materials falsely suggested that existing members had achieved high returns through one-on-one investment guidance. In reality, the profit screenshots had been edited using image manipulation software. Dates, return rates, and profit figures were altered. The sales staff did not have professional financial investment expertise and relied mainly on pre-prepared scripts provided by the operators. Relying on these materials, the client paid KRW 25 million under the names of membership fees, information service fees, and upgrade fees. However, the promised investment management service was not properly provided. After losses occurred, the person in charge was replaced and the company stopped responding to the client’s refund requests.
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Legal review of the app rights transfer agreement co...Corporate & Biz
Legal Review of an App Source Code Transfer Agreement
The client was a company reviewing an agreement to acquire an existing mobile application, including its App Store registration status, source code, and materials required for future updates and distribution. The draft agreement included provisions on App Store transfer, source code delivery, and handover of operational materials. However, the client also had a separate upstream contract with its own customer. Under that upstream contract, delay-related liquidated damages and contract termination could become an issue. Therefore, reviewing only the app transfer agreement was not sufficient to identify the full scope of contractual risk. The client requested Decent Law Firm to review the app rights transfer agreement and advise on the overall contract structure.
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Detention Warrant DismissedCriminal
Fraud Allegations Acknowledged, Detention Warrant Dismissed at Warrant Review Hearing
The client was under investigation for fraud after receiving funds from acquaintances as business investments while operating a restaurant business. The investigative authorities alleged that the client had received money from multiple victims without the intent or ability to return the principal or pay the promised profits. Based on the number of victims and the scale of the alleged damages, the authorities requested a detention warrant. The client did not dispute the factual allegations. However, after the case arose, the client had been voluntarily making repayments to the victims.
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Plaintiff prevailed; the seller’s appeal was dismi...Civil
Successful Claim for Refund of Business Transfer Payment After Seller Failed to Complete Name Transfer
The client entered into a business transfer agreement to acquire a franchised restaurant in Korea. The transfer price included goodwill, the lease deposit, and inventory-related costs, and the client paid the amount in installments. Under the agreement, the seller was required to transfer the business name and related operating status once the full payment was completed. However, even after the client paid the final installment, the name transfer was not completed. It later became clear that, after the agreement was signed, a provisional attachment had been placed on the seller’s right to receive the return of the lease deposit. Because this issue remained unresolved, the business name transfer was also delayed. Despite repeated requests from the client, the seller continued to state that the issue would be resolved soon, but no meaningful action was taken for several months after full payment. The client then gave the seller a final notice through KakaoTalk, setting a deadline for performance and stating that the agreement would be rescinded if the seller failed to perform by that deadline. When the seller still failed to take action, the client confirmed the rescission of the agreement and filed a claim for the return of the transfer payment.
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Judgment in Favor of the PlaintiffCivil
Crypto P2P Trading Account Freeze: Client Prevailed in a Lawsuit Confirming No Civil Liability
The client was an individual who had been regularly engaging in crypto peer-to-peer trading, commonly known as crypto P2P trading. For several months, the client had repeatedly traded with a specific counterparty. The transaction structure was simple: once the counterparty deposited Korean won into the client’s bank account, the client transferred the corresponding amount of cryptocurrency to the counterparty’s wallet address. The issue arose when the funds sent by the counterparty were later identified as proceeds from a telecommunications financial fraud case, such as voice phishing or online financial fraud. As the victim recovery procedure began, the client’s bank account was also frozen. The client was then exposed to the risk of potential civil claims from the victim, including unjust enrichment claims and tort-based damages claims. Because the client had already transferred cryptocurrency equivalent to the amount received, the client sought legal assistance from Decent Law Firm to determine whether any civil liability actually existed.
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Completed review of the service entrustment agreementCorporate & Biz
Legal Review of a Service Entrustment Agreement for a Stock Information YouTube Channel
The client was a company planning to outsource the production and operation of a stock information YouTube channel to an external service provider. The scope of work included content production, channel management, viewer inquiry handling, and the collection of marketing databases. The existing service entrustment agreement included a clause stating that the service provider would bear legal responsibility if it produced content that could be viewed as spreading false information, engaging in market manipulation, or otherwise violating unfair trading regulations. However, in practice, the company could be involved in deciding content direction, giving production instructions, reviewing final content, or approving uploads. Therefore, it was necessary to carefully review how liability would be allocated if a Korean Capital Markets Act issue arose. The agreement also included protective clauses for the service provider, such as restrictions on the client’s abuse of superior bargaining power, prohibition of fee reductions or payment delays, the right to refuse out-of-scope requests, and limits on damages. These provisions needed to be refined so that they could function effectively in an actual dispute.
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Completed legal review of the freelancer agreementCorporate & Biz
Legal Review of a YouTube Freelancer Agreement in Korea: Structuring Contractual Risks for Content, Channel, and DB Ownership
The client was a company planning to engage an external freelancer for YouTube channel operations, content production, viewer inquiries, and marketing-related tasks in Korea. The existing freelancer agreement included basic provisions on the freelancer’s status, service fees, termination, and confidentiality. However, given the nature of the work, further legal review was required on employment classification risks, restrictions on outside work, ownership of content and channel assets, handling of personal data, and potential regulatory issues related to investment-related content. Because the project involved YouTube videos, thumbnails, scripts, channel access, and viewer databases, it was important to clearly define ownership and responsibilities at the contract stage.
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Non-Prosecution DecisionCriminal
Non-Prosecution Decision in a Medical Device Advertising Case
The client was a company manufacturing and selling medical devices in Korea. During its product promotion activities, certain advertising expressions were alleged to constitute prohibited advertising under the Korean Medical Devices Act. The issue arose from statements that could be interpreted as suggesting that doctors or other professionals had endorsed or recommended the performance or effectiveness of the medical device. Multiple promotional materials were reviewed, including leaflets, blog posts, Naver Place information, and Instagram posts. The matter eventually led not only to administrative proceedings but also to a criminal complaint. Although the client had already removed or discarded potentially problematic advertising materials after receiving administrative guidance, the criminal investigation continued. The client therefore retained Decent Law Firm to develop a structured defense strategy.
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Police Non-Referral DecisionCrypto
Crypto Referral and USDT OTC Exchange Fraud Accomplice Allegations: Police Non-Referral on All Charges
Our client was primarily engaged in a crypto referral business and also handled USDT P2P and OTC exchange transactions. The client was accused by an alleged victim of investment fraud and was criminally reported for three charges: fraud, violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and violation of the Electronic Financial Transactions Act. The complainant claimed to have suffered substantial losses after being encouraged to invest in cryptocurrency through an online investment community. The complainant then identified our client as an accomplice, alleging that our client had processed the USDT OTC exchange for the investment funds. The complainant argued that our client had conspired with the operators of the investment community, participated in the fraudulent scheme, and provided a bank account or access medium while knowing that it would be used for criminal purposes.
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Police Non-Referral DecisionCrypto
Case Result: Non-Prosecution Due to Insufficient Evidence in a Cryptocurrency Investment Fraud Case
The client was employed by a company and was responsible for recommending cryptocurrency investments to potential customers under the company's instructions. The process was relatively straightforward. The client contacted customers by phone, introduced cryptocurrency investment opportunities, and explained that investors would receive both their principal and profits once returns were generated. One day, however, a customer contacted the client claiming that the promised payment date had passed and that neither the invested funds nor the profits had been returned. Shortly thereafter, the client was contacted by the police and received a summons to appear for questioning as a suspect in a cryptocurrency investment fraud investigation. Although the client had merely performed assigned job duties, he unexpectedly found himself under criminal investigation for fraud. Recognizing the difficulty of responding to the investigation alone, the client retained Decent Law Firm for legal representation.
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Legal Review Memorandum and Revised Terms of Use Pro...Crypto
Legal Review of Terms of Use for a Crypto Auto-Trading Program
The client operated a blockchain-based automated swap transaction service and requested a legal review and revision of its Terms of Use. The service was designed to automatically execute transactions from users’ own wallets. It adopted a non-custodial structure, meaning that the operator did not directly hold, manage, or control users’ virtual assets. However, the existing Terms of Use did not clearly explain the non-custodial nature of the service or the operational independence of the platform. Several provisions also contained wording that could cause misunderstandings regarding wallet integration, private key handling, and the fee structure. The lack of clarity in the Terms of Use could potentially be used as an unfavorable factor when assessing whether the service falls under the definition of a Virtual Asset Service Provider under Korea’s Act on Reporting and Using Specified Financial Transaction Information, or whether it could be viewed as an investment discretionary service under the Financial Investment Services and Capital Markets Act.
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Legal Opinion ProvidedCrypto
Regulatory Review of an Overseas Crypto Exchange Referral Business: Whether VASP Registration Was Required in Korea
The client was operating a referral-based business involving an overseas virtual asset exchange. Under the business model, the client published and promoted a referral code issued by the overseas exchange through its own website, blog, YouTube channel, and other online channels. When users signed up for the exchange using the referral code and conducted transactions, the client received referral fees from the exchange as marketing or advertising compensation. The client requested a comprehensive legal review on whether this business structure could fall within the definition of a virtual asset service provider under Korea’s Act on the Protection of Virtual Asset Users, thereby triggering a reporting obligation under the Act on Reporting and Using Specified Financial Transaction Information. The client also sought practical guidance on content wording, advertising practices, and the management of external collaborators such as bloggers and influencers.
