차명금융거래 규제세제에 대한 법리적 검토

Abstract

Financial transactions in borrowed name are used as means of various illegal or criminal acts. Financial transactions in borrowed name are basically regulated under the Act on Real Name Financial Transactions and Guarantee of Secrecy. And the Inheritance Tax and Gift Tax Act also takes sanction against financial transactions in borrowed name. The Act on Real Name Financial Transactions and Guarantee of Secrecy was amended for regulating financial transactions in borrowed name in 2014. According to the amendment, financial transactions under the real name of another person for the purpose of specific concealing illegitimate property, money laundering, financing of terrorism, evading compulsory execution or other evasions of the law are prohibited. If a person commit these financial transactions in borrowed name, he or she shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won. The Inheritance Tax and Gift Tax Act prescribe the legal fiction as donation of title trust stocks, and the presumption of donation of specific deposits. Where the actual owner of stocks is different from the title holder of the property, the title holder shall be deemed to have received the donation of the value of such property from the actual owner as of the date on which registration has been made in the name of the title holder. And any property held in an account whose real holder has been verified, shall be presumed to have been acquired by the title holder of the property. In this paper, the exiting provisions on the regulatory taxation of financial transactions in borrowed name are analyzed. And this paper proposes the theories of interpretation and legislative measures to effectively regulate financial transactions in borrowed name.