Court Upholds Previous Ruling ā LUNA Not Subject to Capital Market Regulations
The South Korean Supreme Court has reaffirmed lower court decisions that stablecoin TerraUSD (UST) and its sister token LUNA do not qualify as financial investment products. This ruling rejects the prosecutors' appeal, which sought to seize the assets of Terraform Labs co-founder Shin Hyun-seong.
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On January 23, the court denied a request to confiscate Shinās assets, stating that LUNA is not classified as a regulated financial product under South Koreaās Capital Markets Act.
š The court stated:
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"Existing laws and records confirm that the lower court's ruling is valid."
āļø Prosecutorsā Argument Fails: LUNA Is Not a Security
South Korean prosecutors argued that LUNA should be classified as a security and attempted to seize assets linked to Terraform Labsā leadership.
ā However, the court repeatedly ruled that LUNA does not meet the legal definition of a security or investment product and therefore is not subject to capital market regulations.
š Attorney Kim Jung-chul from Woori Law Firm explained:
š£ "This ruling not only denies LUNA's status as a security but also confirms that it is not subject to the Capital Markets Act. This means asset seizures under this law are not possible."
š Fraud Charges Still Stand
Despite the courtās decision, Shin Hyun-seong and other Terraform Labs executives still face fraud charges. Prosecutors allege that:
š¹ They manipulated the market for personal gain
š¹ They misled investors
š¹ They exploited the instability of the Terra blockchain to profit
šØ Do Kwon, the mastermind behind the Terra ecosystem, was extradited from Montenegro and stood trial in New York in January.
š U.S. authorities have charged him with:
Artificially inflating Terraform cryptocurrency pricesMoney laundering
šø The collapse of Terra in May 2022 wiped out over $40 billion, causing massive losses for investors worldwide.
š What Does This Ruling Mean for the Market?
This decision reinforces the argument that cryptocurrencies are not securities, but it also leaves the question of regulation open for future debate.
š¹ Should LUNA be considered an investment product, or is it just another crypto asset?
š¹ Could regulatory authorities in other countries rule differently?
š¹ What impact will this ruling have on similar cases in the future?
š Whatās your take? Should LUNA be subject to stricter regulations, or should it remain an independent digital token? Share your thoughts! š
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