2. The crime of this case was committed with the victim's money because the defendant did not receive a partial return of the fund to purchase shares, and thus, it did not seem that the victim suffered an injury requiring two-day medical treatment because he did not go beyond the victim's head debt. The defendant's act of denying the crime in an investigative agency and the court below shows that there was a history of criminal punishment for the same crime, and the defendant has other records of criminal punishment for the same crime, and all of the sentencing factors specified in the records and arguments of this case including age, sexual behavior, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime were taken into account, even if the damaged person expressed his intention that he would not want the punishment of the defendant, the above argument is not deemed unfair because the court below's punishment is too excessive. Thus, the above argument is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.