A. (1) In the case of a written reply by the election commission on the admissibility of evidence in the written reply by Defendant (1) to the election commission, the election commission should notify the person to be polled who has the status as a criminal suspect because it has the character as a quasi- investigative agency, and the election commission should have notified the person to be polled of the right to refuse to make a statement. Since F is written without the right to refuse to make a statement, it is not admissible, and since F is in a relationship with Defendant A and his accomplice, the election commission’s written reply to F is admissible in accordance with the proviso of Article 313(1) of the Criminal Procedure Act with the statement that “The signature or seal was affixed by the statement of the person who has made the statement, and it is admissible that the authenticity of its establishment has been recognized by the statement that “the signature or seal was affixed without the fact or detailed confirmation,” and thus, the election commission’s reply was made in accordance with the guidance, explanation, and direction of the

(2) There was no promise between misunderstanding of facts F and election campaign payment, and F was a volunteer at the time of election, and was employed as a member of the National Assembly office after election, and was only paid a monthly wage in return.

(3) The sentence imposed by the lower court of unreasonable sentencing (three million won of a fine) is too unreasonable.

B. Prosecutor (1) In the case of a recording file recorded by F before July 3, 2012, which is the first date of the written request of the Election Commission for a misunderstanding of the legal principles as to admissibility of evidence of the recording file recorded by F, F voluntarily submitted by F, and reproduction of the recording file by an employee of the Election Commission under the Public Official Election Act is a lawful exercise of investigative authority, and it is difficult to request the election commission which is not the investigative agency to comply with the procedures such as issuance of a list of seizure of voluntarily produced articles, preparation of a seizure record, etc.