Facts
The appellant [X.] was convicted by the Cantonal Court of Basel-Landschaft for multiple misappropriation. In the summer of 2003, he had contacted the son of the late President Mobutu of the Democratic Republic of Congo, claiming to have been summoned to take custody of 30 million US dollars in Switzerland on a fiduciary basis. He was offered 20% of this sum as compensation. To finance the advance payments for taxes, permits, and documentation, [X.] , as the conductor of the orchestra [A.] , took out several loans from members of the orchestra association [B.] , six of which were the subject of the proceedings. He claimed to need the money for the acquisition of an antique grand piano and the purchase of a house. Although [X.] had doubts and an uneasy feeling, the fraud was not uncovered until November 2004. The Cantonal Court convicted him of multiple misappropriation and imposed a suspended fine and a penalty.Considerations
The Federal Supreme Court upheld the conviction of the appellant for multiple misappropriation. It found that the loans were earmarked and subject to a preservation obligation, as the purchase of the grand piano and the down payment for the house purchase represented investments that could generally be recovered. The appellant had used the loans contrary to the agreement and was…