Facts
The complainant ordered a printer on the internet from A. AG and provided a correct address. The seller delivered the printer on account, without checking the complainant's creditworthiness. The complainant did not pay the purchase price and was convicted of fraud. The complainant requested the annulment of the judgment and his complete acquittal.
The lower court convicted the complainant of fraud and dismissed his appeal. The complainant appealed to the Federal Court and argued that his behavior had not been deceitful.
Considerations
The Federal Court examined whether the complainant had deceitfully deceived the seller by ordering the printer. It found that the seller had taken a certain risk by delivering the printer on account to an unknown private person, without checking the complainant's creditworthiness.
The court found that the seller had acted negligently by delivering the printer without a creditworthiness check. It would have been possible for the seller to send the printer only after securing payment or to check the complainant's…