Responding to a prosecution investigation of a major savings bank for alleged violations of the Capital Markets Act and financial laws

The prosecution conducted a large-scale investigation into multiple alleged violations, including of the Financial Investment Services and Capital Markets Act, the Mutual Savings Banks Act and the Act on the Aggravated Punishment of Specific Economic Crimes, in connection with corporate loans and convertible bond transactions by Korean savings banks. Attorney Jaehoon Lee defended the savings bank and the officers and employees involved.

The main issues were whether violations of financial laws and criminal liability arose in the course of loans to many listed companies, the issuance and acquisition of convertible bonds, share-backed lending and the enforcement of security interests. In particular, the substance and purpose of each financial transaction, the specific involvement of the officers and employees concerned, and the scope of their criminal liability were at issue.

While responding to the prosecution's intensive searches and seizures and investigation, Attorney Lee analyzed contracts, loan and collateral documents and records of fund transfers for many financial transactions.

He also took part in the digital forensic analysis of the seized electronic data, reviewed the related materials and the background of the transactions, and organized the facts and legal issues for each alleged offense. On that basis, he handled the defense at the investigation stage, including preparing defense counsel's opinions on whether the Financial Investment Services and Capital Markets Act and other financial laws applied and whether the officers and employees concerned bore criminal liability.