1. The Client’s Crisis

The client was a shaman who had operated a shindang for about 16 years. In the past, she performed numerous gut rituals and prayers for a customer troubled by her husband’s infidelity, and following the client’s advice, the customer even succeeded in extracting 2 billion won from her husband.

Then, years later, that customer suddenly changed. She filed a damages lawsuit seeking 789 million won, claiming, "The client pretended to perform shamanic work, deceived me by saying she would buy a Gangnam building and make 10 billion won, and took my money under the pretense of an investment." A criminal complaint was also filed, and the client was under investigation on fraud charges.

When a shaman is accused of fraud, it becomes a difficult battle in which the legitimacy of the shamanic acts themselves must be proven. The key issue was how to justify payment for acts that cannot be scientifically explained, and how to provide a reasonable explanation for receiving such a large sum of money.

2. Key Issues

There were two issues to be disputed in this case.

First, the core issue was whether the money the client received from the other party was an 'embezzled investment amount' or a 'legitimate fee for shamanic services and a success bonus.' The other party claimed that the client had deceived her by saying she would "buy a building and create capital gains," while the client’s position was that she had actually performed 7 gut rituals and more than 50 prayer sessions, and that the money was a token of gratitude for helping the other party receive 2 billion won from her husband.

Second, the other party made an alternative argument that, even if it was not fraud, the money had been held as funds for purchasing a building, so it had to be returned unless the building was actually purchased. This claim for return of deposited funds also had to be refuted.

3. Jonjae’s Strategy

Attorney No Jong-eon, the managing partner, directly attacked the structural weaknesses in the other party’s claims.

First, he emphasized that no contract whatsoever had been drafted between the other party and the client to prove an investment or safekeeping of funds. The fact that more than 700 million won changed hands without any investment contract, escrow agreement, or confirmation document is objective evidence that the money was neither an investment nor deposited funds.

Next, he undermined the consistency of the other party’s claims. During the criminal investigation stage, the other party changed the alleged amount of loss four times: 880 million won, 804 million won, 754 million won, and 789 million won. If even the amount, which is a core fact, is inconsistent, there is inevitably doubt about the credibility of the entire claim. Although the other party’s older sister appeared and testified as a witness, we pointed out that, given their relationship, her testimony was likely to be biased.

At the same time, we submitted a detailed record of the shamanic services the client had actually performed. We comprehensively explained her approximately 16-year career as a formally active shaman, the 7 gut rituals and more than 50 prayer sessions performed for the other party, and the fact that the other party actually achieved the result of receiving 2 billion won from her husband based on the client’s advice. Although the amount paid was unusually large, the logic was that, in light of the substantial benefit the other party obtained (2 billion won), it could be viewed as a success fee within a reasonable range.

We also used the fact that prosecutors had already issued a non-prosecution disposition of 'no charges (insufficient evidence)' in the criminal case as a favorable circumstance for the client in the civil trial.

4. Outcome and Recovery

The court accepted Attorney No Jong-eon’s arguments and dismissed all of the other party’s claims. Considering the absence of any dispositive document proving an investment or safekeeping arrangement, the lack of credibility caused by the other party repeatedly changing the alleged loss amount at each stage of the investigation, and the fact that the client actually performed shamanic services and the other party obtained emotional comfort and tangible benefits, the court found it difficult to conclude that the money had been obtained through deception. The court also ordered the other party to bear all litigation costs.

This result allowed the client to shake off the heavy fraud allegations and have the legitimacy of the shamanic acts she performed legally recognized. The complete dismissal of the 789 million won claim without recognizing even a single won was the result of a precise examination of the structural flaws in the other party’s assertions.

If you are wondering how to respond in a similar situation, we recommend consulting a professional, as the outcome may vary depending on the specific facts of the case.

Attorney in charge: No Jong-eon, Managing Partner

For confidentiality and privacy protection, some parts of this case have been de-identified to the extent that it does not affect the essence of the matter.

Watch the video on the Law Firm Jonjae YouTube channel, 'Family Law Unboxing'