Does lending an account between family members also constitute a violation of the financial real-name system?

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I'm a self-employed person running a small construction company. A few months ago, I completed construction and billed for payment, but the contractor kept delaying and ultimately isn't paying, and is now turning the tables and threatening me. Recently, the contractor has even been wandering near my workplace and threatening with curses like 'I'll kill you if you keep demanding payment.' I'm worried about my family too. I'm considering whether to get security service. Can personal protection service be provided in this case?

financial real-name system violation

account lending

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作者: 김국일

You asked about acts of violating the financial real-name system.

To get straight to the conclusion, lending accounts between family members also constitutes a violation of the financial real-name system.

Article 3 of the relevant law stipulates that all financial transactions must be conducted under real names, and lending one's name to a third party is in principle prohibited as a "borrowed-name transaction."

In particular, even if names are merely lent for purposes such as tax avoidance, if the actual flow of funds is not under the person's control, it can be judged as a "name lending act" and recognized as illegal.

The person who lent their name can be criminally punished as an "accomplice" or co-conspirator of financial real-name system violation, and can actually be sentenced to administrative fines, fines, or in severe cases, imprisonment.

If you have been contacted by the police, an investigation is likely currently in progress, so rather than rashly making statements or responding, it is important to immediately consult with an attorney experienced in financial crimes.

You need to clearly organize the account usage history, monetary flow, name lending circumstances, etc., and secure materials that can prove there was no purpose of tax avoidance or money laundering.

Please establish a defense strategy with a specialist attorney experienced in many financial real-name system violation cases.