Practice Areas

Financial Crime

Financial crime refers to any unlawful act that exploits money or the financial system to secure illicit gains or to disrupt the order of financial markets.

1. Financial Crime | Definition

Daeryun Finance and Insurance Group Types of Financial Crime Practice Area


Financial crime describes unlawful conduct in financial markets, conduct that exploits the financial system to harm others or to acquire property illegally.

Common examples include money laundering, insider trading, financial fraud, and illegal lending.

Such offenses can threaten the nation's economic stability and public confidence in financial markets, and they generally carry heavy penalties.

For that reason, a sound legal response and effective prevention both matter.

The Impact of Financial Crime on Society and Companies

Financial crime rarely stops at harming a single individual; it can pose a serious threat to confidence in, and the stability of, the financial market as a whole.

For a company, financial crime by an officer or employee can affect its credibility, share price, and ability to keep operating, and weak internal controls can give rise to financial supervisory sanctions and criminal liability.

When a company becomes involved in financial crime, the lack of a dedicated legal response system, one that covers everything from the early response and the investigation to internal inquiry and the management of sanction risks, can lead to significant losses.

2. Financial Crime | Types

Daeryun Financial Crime Telecommunications-based Financial Fraud Investment Fraud Practice Area


Financial crime appears in many forms and is carried out through many methods, and the applicable penalties vary by type.

The discussion below outlines the main types of financial crime and their distinguishing features.

Money Laundering

Money laundering is the process of making illegally obtained funds appear to be legitimate assets.

Money Laundering

The act of disguising the acquisition or disposal of illegal property or concealing such property, as well as the act of disguising the acquisition or disposal of property or concealing such property for the purpose of tax evasion


Because money laundering makes illegal assets derived from a separate predicate offense appear legitimate, it is treated as an independent crime and punished firmly.


What is a predicate offense?

A crime that forms the substance of money laundering, that is, a crime that occurs before the money laundering takes place


Where money laundering is committed in violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment, the following penalties apply.

Act

Level of Punishment

A person who disguises facts concerning the acquisition or disposal of criminal proceeds and the like

Imprisonment for not more than 5 years or a fine of not more than 30 million won

A person who disguises facts concerning the cause of the occurrence of criminal proceeds

A person who conceals criminal proceeds and the like for the purpose of promoting a specific crime or disguising them as lawfully acquired property

A person who prepares for or conspires to commit the above offenses

Imprisonment for not more than 2 years or a fine of not more than 10 million won

Financial Fraud

Financial fraud is the act of deceiving or misleading another person in a financial transaction in order to gain an unlawful benefit.

It takes many forms, including telecommunications-based financial fraud and investment fraud, and the number of actual victims continues to grow.

A person who commits financial fraud may face criminal punishment and may also be subject to a claim for damages by the victim.

Insider Trading

Insider trading occurs when so-called insiders, such as corporate officers, employees, or major shareholders, use undisclosed information to secure an improper gain.

A person who commits insider trading is subject to imprisonment for at least 1 year or a fine equivalent to not less than 4 times and not more than 6 times the profit gained or the loss avoided through the violation.(Article 443(1)1 of the Financial Investment Services and Capital Markets Act)

When the profit gained or the loss avoided through insider trading reaches 500 million won or more, aggravated punishment applies.

Amount

Level of Punishment

Where the profit or the loss avoided is 5 billion won or more

Life imprisonment or imprisonment for at least 5 years

Where the profit or the loss avoided is 500 million won or more but less than 5 billion won

Imprisonment for at least 3 years

3. Financial Crime | Investigation

Financial Attorney Financial Crime Voice Phishing Aiding and Abetting Fraud Practice Area


Unlike ordinary criminal matters, a financial crime is a highly intricate subject of investigation that requires tracing complex fund flows and analyzing digital evidence.

An investigation typically starts from the financial authorities' analysis of information, after which compulsory measures follow, including search and seizure, account tracing, and digital forensics.

The Start of an Investigation, Inquiry, and Account Tracing

A financial crime investigation generally begins with an inquiry by a financial supervisory authority or with the detection of an abnormal transaction by the Korea Financial Intelligence Unit (FIU).

Relying on information such as unusual fund flows, large cash transactions, and suspicious transaction reports, the Korea Financial Intelligence Unit (FIU) notifies financial companies or investigative agencies, and the tracing of the relevant accounts and the review of transaction records then begin in earnest.

Through this work, investigators often uncover methods such as the lending of bankbooks, the misuse of corporate accounts, and virtual asset wallet transactions, and they seek to identify the source and purpose of the money quickly.

Search and Seizure, Travel Bans, and the Like

Once suspicions take concrete shape, investigators carry out search and seizure, account tracing, and forensic analysis under a court warrant.

Because the analysis of digital traces and fund flows lies at the heart of financial crime, the servers, emails, and messenger records of the suspect or the company may also be targeted.

Where there appears to be a risk of flight or a possibility that evidence will be destroyed, compulsory measures may be taken against the suspect, such as a travel ban, a request for communication confirmation data, and a request for a detention warrant.

Sentencing Standards for Financial Crime

The Sentencing Commission applies the following sentencing standards to financial crime.

▶ Mitigating Factors

• Sincere remorse
• No prior criminal record
• Where the conduct went no further than a demand or a promise
• Voluntary surrender or reporting of internal misconduct
• Where the degree of participation or the amount actually gained is minor

▶ Aggravating Factors

• Repeat offense of the same kind
• Active participation in the conduct
• Solicitation of a subordinate
• Where the connection to one's duties is strong
• Where the method of the crime is especially malicious
• Repeat offense of a different kind, or a prior conviction of the same kind that does not amount to a repeat offense

4. Financial Crime | Response Strategy

When a financial crime occurs, the positions of the victim and the suspect differ entirely, yet for both the 'initial response' is what matters most.

For the victim, the priority is the prompt recovery of the loss and adequate legal protection; for the suspect, a careful statement strategy and the early securing of evidence can help reduce the resulting disadvantage.

If You Are a Victim of Financial Crime

If you have been harmed by a financial crime, the first step is to file a report and a criminal complaint without delay.

Besides filing a criminal complaint with a police station or the prosecutors' office, depending on the type of case you may file a civil petition or a damage report with bodies such as the Financial Supervisory Service and the Korea Financial Intelligence Unit (FIU).

Separately from seeking the suspect's criminal punishment, the actual monetary loss can often be recovered through a civil claim for damages.

Where funds have been hidden through virtual assets or borrowed-name accounts, prompt legal measures such as an application for provisional attachment can be central to recovering the loss.

※ Gathering evidence matters. Recorded calls, text and messenger records, remittance histories, transaction statements, and similar materials serve as key proof of legal liability.

If You Are a Suspect in a Financial Crime

If you are investigated as a suspect in a financial crime, the direction of your initial response can shape the outcome of the case.

When you comply with a request from investigators to appear, it is generally advisable first to understand fully the suspicion against you, the scope of the investigation, and the related evidence, and to consult a qualified attorney beforehand rather than responding on your own.

Where the flow of funds or the structure of a contract is complex, a simple explanation rarely dispels the suspicion, so the logical consistency and legal soundness of your account carry real weight.

Unnecessary statements may instead be used against you, so it helps to set a deliberate direction for what you say.

※ The belief that 'admitting the charge will lighten the punishment' is a dangerous misconception. Statements should always be decided only after obtaining legal advice.

5. Financial Crime | Measures to Prevent It and Strengthen Internal Controls

Measures to Prevent Financial Crime and Strengthen Internal Controls

With financial crime, prevention beforehand tends to matter far more than a response after the fact, and an organized management system at the corporate level is especially central.

Beyond drafting rules, a company needs a structure that detects and blocks risks early through internal controls and a compliance program that actually function.

Establishing a Corporate Internal Control System

A company should build an organized internal control system to guard in advance against risks such as the misappropriation of funds, the leakage of information, and false reporting that can arise within the organization.

In particular, fund settlement and approval procedures, restrictions on access to customer information, and double-checking of accounting entries should be treated as core elements.

The internal control system should not remain mere paperwork; it should consist of procedures that work in practice, and it should keep correcting and improving weak points through regular risk reviews and internal audits.

Operating a Compliance Officer and an Internal Reporting System

A large share of the financial crimes that occur within a company stem from the intent or negligence of insiders.

To address this, a company should run an independent compliance officer system and set up a structure that can continually monitor the compliance risks of each department.

An internal reporting system is also an important way to recognize and address illegal acts or misconduct within a company at an early stage.

The anonymity and protection of the reporter should be firmly guaranteed, and the system should be arranged so that reports can be handled objectively by departments such as legal affairs and audit.

Corporate Compliance Guidelines

A company should establish and operate organized compliance guidelines in order to prevent financial crime and observe the relevant laws and regulations.

These guidelines should cover anti-money laundering (AML), the protection of personal information, and internal control procedures, and regular training and review should accompany them so that they are understood and applied in practice.

6. Financial Crime | Strategic Response

By its nature, financial crime rarely stops at a simple regulatory violation; it can be a serious risk that erodes a company's credibility, harms its public image, and even exposes management to legal liability.

Money laundering, insider trading, and embezzlement or breach of trust in particular draw close scrutiny from the financial supervisory authorities, and depending on the initial response, they can affect the very survival of the company.

Because it is difficult in practice for a company to anticipate and manage every legal risk on its own, the support of an attorney experienced in financial matters can be a necessity rather than a choice.

Daeryun Law Firm offers practice-oriented advisory services that range from responding to financial crime to building compliance systems, analyzing financial regulations, and dealing with the financial authorities, and it works with companies on an ongoing basis to help them maintain a stable management foundation.

If you are looking for an effective way to respond to a crisis caused by financial crime, the support and strategic advice of a 🔗finance attorney may help you find a safe and efficient path.

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney InWon KIM

InWon KIM

T. 070-7510-1044

Experience as Chief Prosecutor of Seoul Central District Prosecutors’ Office and Chief Prosecutor of Daejeon Hongseong Branch

Attorney HanSik CHOI

HanSik CHOI

T. 070-5221-2387

Legal team leader/executive director experience at banking and financial companies

Attorney BongHa SEO

BongHa SEO

T. 070-7510-1755

Experience as chief prosecutor at Uijeongbu District Prosecutors’ Office and chief prosecutor at Busan West Branch

Attorney GiYeon YANG

GiYeon YANG

T. 070-7510-1820

Korea Securities Depository Experience

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more
Quick Menu

Chat