The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is as follows: (a) the victim of the instant crime is C and I; (b) the instant case is not an offense against an unspecified or a large number of victims; (c) however, the lower court determined as follows: (a) as an aggravated factor of special sentencing factors, the lower court determined that the instant case constitutes “a case where an unspecified or large number of victims

In addition, since the victims are deceiving the defendant from the desire to make high profits in a short period, they are also responsible for the occurrence of the crime of this case or the expansion of damage.

Therefore, it is reasonable to consider them as mitigation factors of special sentencing factors.

Therefore, the sentence of the court below (five years of imprisonment) is too unreasonable.

2. The court below held that the defendant's crime of this case constitutes "a case where the defendant committed a crime against unspecified or large number of unspecified persons or committed a crime repeatedly over a considerable period" as an aggravated factor in sentencing guidelines for the defendant's special sentencing factors. The defendant's crime of this case is intended for the victim C, I, and L three persons, and it is hard to view that the crime of this case is intended for an unspecified or large number of unspecified persons.

However, in light of the motive of the crime, the form of deception, the frequency of delivery of property, the period and amount of deception, etc., it shall be deemed that the crime has been committed repeatedly over a considerable period of time, and the above aggravated factor in the sentencing guidelines shall be applied to cases where the crime has been committed repeatedly over a considerable period of time even though it is not intended for unspecified or large number of unspecified victims.

In addition, as a factor to reduce the special sentencing in the sentencing guidelines, the "if the victim is also responsible for the occurrence of the crime or the expansion of damage" is against the common sense of the victim's desire to maintain the future unfair benefits or obtain high profits in a short period.