The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts (the opening of a gambling place): The defendant, under the direction of D, withdrawn cash with the card sent by D, and did not establish a gambling place in collusion with D, and did not intend to establish a gambling place.

B. Legal principles (in violation of the Electronic Financial Transactions Act): (a) the Defendant already obtained a means of access, such as a cash card from a seller of an unwritten passbook with a name-free account; and (b) such act is merely an act of receiving a cash withdrawal or unwritten payment from an accomplice after the transfer of the means of access was completed; and (c) thus, it does not constitute “acquisition” prohibited by the Electronic Financial Transactions Act.

C. Unreasonable sentencing

2. Determination on the grounds for appeal

A. (1) As to the mistake of facts, the reasoning of the judgment of the court below is as follows: (a) based on the evidence duly adopted and investigated by the court below; (b) the business of “laundry” of gambling funds paid by gambling users in the crime of this case is the most essential part; (c) the delivery of “general card” to the defendant after May 2012; (d) the withdrawal and remittance amount was a considerable amount; (e) the defendant received the “four million won per month”; and (v) considering the size of cash withdrawal and cash transactions as seen above, the defendant is also aware of the fact that it is illegal money, not a legitimate money, in light of the above characteristics of cash transactions; and (e) considering the fact that it appears that the defendant was also aware of the fact that it is illegal money, it should be deemed that the defendant, as the defendant, has an intention to participate in the unlawful D acts in return for the receipt of KRW 4 million per month.

(2) The crime of opening gambling places under Article 247 of the Criminal Act is committed.