Facts
The appellant [X.] was a partner in a consulting firm and was responsible for the "Mergers and Acquisitions" department. On behalf of [B.] , the owner of [D. AG] and sole shareholder of [E. AG] , [X.] founded [A. AG] in 2008, which was to act as the purchaser of [F. AG] . In 2010, [B.] planned to acquire [G. AG] , with the acquisition to be carried out through the newly founded [H. AG] . [X.] was again commissioned to establish [H. AG] . For the purchase of [G. AG] , a loan of CHF 7 million was to be taken out, of which CHF 6 million was to be financed by Bank [I.] and CHF 1 million was to be contributed as equity. [B.] had the amount of CHF 450,000 transferred as equity by his companies [D. AG] and [F. AG] to [A. AG] . However, [X.] did not use this amount as a capital contribution for [H. AG] , but booked it as a loan to himself. Later, he contributed the amount as a loan granted by him to [H. AG] . Contrary to the original intention, [B.] never became the owner of [H. AG] or [G. AG] . The companies were ultimately resold by [X.] to his business partner [C.] .Considerations
The lower court saw a breach of duty in the appellant, as the sole member of the board of directors of [A. AG] , granting a loan to himself. This was essentially because he had structured the loan without an agreement on the obligation to pay…