Supreme Court Confirms Prison Sentence for Shaman Who Defrauded 240 Million Won Claiming "Good Deeds Lead to Lotto Wins"

A shaman who defrauded over 200 million won as payment for a ritual by claiming "I will make you win the lottery" has had her prison sentence finalized.

According to the legal community on the 13th, the Supreme Court's 2nd Division (Presiding Justice Kwon Young-jun) upheld the original sentence of two years imprisonment for shaman Jang (58, female), who was indicted on charges of fraud.

Supreme Court, Seocho-dong, Seoul.

The court stated the reason for dismissing Jang's appeal was that "there was no error in the lower court's judgment that violated the rules of logic and experience, exceeded the limits of free evaluation of evidence, or misinterpreted the legal principles regarding fraud."

Jang is accused of deceiving person A on November 9, 2011, at a coffee shop in Dongducheon-si, Gyeonggi-do, by saying "You need to pay for a ritual to win the lottery," and receiving 13.5 million won as payment for the ritual. Up until February 28, 2013, she allegedly defrauded a total of 241.38 million won in cash and 40 don of gold over 23 occasions.

The first trial court sentenced Jang to two years in prison.

During the investigation and trial, Jang denied the charges.

However, the court judged, "Considering various evidence, especially the specific contents of text messages and recordings between the victim and the defendant, documents handwritten by the defendant, the victim's detailed testimony in court and to the police, and related bank account records, it can be sufficiently recognized that the defendant deceived the victim into believing she had the ability or intention to make the victim win the lottery, thereby defrauding a total of 241.38 million won in cash and gold from the victim, and the intent to defraud is also sufficiently established."

The court pointed out, "The defendant herself testified to the police that she only received 770,000 won from the victim around October 2011 and no other money, but on the other hand, she also stated that 'If someone asks me to make them win the lottery, that is absolutely impossible. If I knew, I would buy it myself. Shamans want cash. I received cash,'" concluding that Jang had the intent to deceive A from the beginning and defraud money.

Regarding sentencing, the court noted, "It is a favorable circumstance for the defendant that the victim also bears some responsibility for the expansion of the damage," but added, "Considering the nature and method of the crime, the duration and amount defrauded, the defendant's guilt is not light. The defendant has multiple prior convictions for fraud, some of which involved the same lottery-related method as this case, and it is difficult to find sincere remorse or genuine efforts to restore the damage, which are unfavorable factors for the defendant."

Jang appealed the first trial verdict. In her appeal, she claimed, "I only received 32.5 million won for ritual costs three to four times, and I never deceived A by saying I would make her win the lottery."

However, the second trial court dismissed her appeal, stating, "Considering that the defendant's act of receiving a total of 241.38 million won in cash and money from the victim as alleged in the indictment exceeds the limits allowed as traditional customs or religious acts, the lower court's judgment is reasonable and acceptable, and there is no error of fact-finding as claimed by the defendant."

The court particularly pointed out, "The defendant deceived the victim as if she had won the lottery, then pretended to return the money, and continued to receive additional money from the victim."

The Supreme Court also found no problem with this judgment.

Previously, the Supreme Court ruled, "If a person notifies the victim of misfortune or promises any outcome related to fortune or misfortune and receives payment under the pretext of prayer fees, and this exceeds the limits allowed as traditional customs or religious acts, it constitutes fraud."