If I was involved in operating or promoting a coin trading tip room, can I be criminally punished?

Even if you were involved in operating or promoting a coin trading tip room, depending on the circumstances, criminal liability as an accomplice to the crime of fraud may be at issue.

In general, a coin trading tip room is often operated by sharing virtual asset investment information or providing guidance on the investment direction for specific items.

However, if, in the course of operation, members were recruited and money received by providing false information or exaggerating the possibility of profit, a charge of fraud may become an issue.

Under the Criminal Act, the crime of fraud is established where a person deceives another and thereby receives the delivery of property or obtains a pecuniary benefit.

Where there are victims who suffered investment losses from the operation of a coin trading tip room, when determining whether a fraud charge applies, whether the investment risk was sufficiently explained, whether the investment decision was induced with false information, and whether profits were guaranteed definitively or it was represented as if there was inside information become important criteria.

In addition, even for a person who did not directly receive investment funds, how much they were involved in the operation becomes an important issue.

If a person was actively involved in managing the chat room, recruiting members, promotional activities, or soliciting investment participation, there is a possibility of being judged an accomplice.

The investigative authorities usually comprehensively review the following matters.

• Whether the person participated in recruiting members or in promotional activities
• Whether the person was involved in the process of soliciting or providing investment guidance
• Whether the person performed an operational role, such as managing the chat room

Conversely, if the person was a mere participant or provided only temporary help, there is also a possibility that criminal liability will not be recognized.

Therefore, if you become subject to an investigation related to a coin trading tip room, it is important to organize the chat records, promotional messages, and the actual scope of involvement, and to clearly explain the facts.