Montenegro Constitutional Court “Department of Extradition, Attorney General decides”
The Montenegrin government announced that it would extradite Terraform Labs founder Kwon Do-hyung, a key figure in the Terra Luna incident, to the United States.
According to the local daily Vijesti on the 27th (local time), Montenegro’s Justice Minister Bojan Bozovic announced that he had signed a decision ordering Mr. Kwon’s extradition to the United States.
On the 24th, the Constitutional Court of Montenegro dismissed the constitutional complaint filed by Kwon regarding the authority to make extradition decisions with the unanimous opinion of all the judges.
As a judgment on Mr. Kwon’s application, Mr. Kwon filed a constitutional petition in protest when the Montenegro Supreme Court overturned the lower court’s decision to extradite him to Korea and ruled that the Attorney General should decide on the extradition state.
Mr. Kwon departed for Singapore at the end of April 2022, just before the Terra/Luna coin crash, and was arrested at Podgorica Airport in Montenegro in March of last year while living as a fugitive abroad for about a year.
Mr. Kwon has been indicted in Korea on charges of violating the Act on the Aggravated Punishment of Specific Economic Crimes (fraud, breach of trust, etc.). In the United States, he was also put on trial on eight charges, including product fraud, financial fraud using internet banking, market manipulation, and securities fraud.
Unlike Korea, the United States applies the dual-prosecution system to defendants who are indicted on multiple charges at the same time. The final sentence is determined by adding up the sentences for each charge, so Mr. Kwon could receive a total of more than 100 years in prison.
In Korea, aggravated punishment is based on the charge with the highest sentence among the multiple charges for which a person is found guilty. There is analysis that if Mr. Kwon is extradited to Korea, he will be punished with up to 40 years in prison.
Because of this, Mr. Kwon fought a legal battle to be extradited to Korea, where the punishment is relatively light.
Montenegro’s High Court and Court of Appeals ruled that he should be extradited to Korea since Korea requested extradition before the United States.
It is estimated that the Terra and Luna crash caused approximately $40 billion in damage worldwide.
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