Facts
The appellant [X.] was the Chairman of the Board of Directors and the sole employee of the [Y. AG] , a company active in the financial services sector. On behalf of seven investors, he founded or purchased in 2002 the [Z.] Corporation with its registered office in Tortola (British Virgin Islands), into which the investors contributed a total of USD 10.6 million. The funds of the [Z.] were held in accounts at the private bank [D.] and the bank [E.] in Zurich, over which the appellant had sole disposal authority. Subsequently, the appellant had USD 487,107.76, EUR 124,637.46 and CHF 438,855.-- transferred from the accounts of the [Z.] to the [Y. AG] and third parties, or withdrew the money in cash himself. He also transferred EUR 1,495,000.-- to the private account of [G.] in Greece, allegedly as a fee for the issuance of a bank guarantee by the [I.] Bank in Rome, which, however, never materialized.Considerations
The Federal Supreme Court partially overturns the conviction for misappropriation. It finds that the deposit of USD 500,000.-- by [C.] was entrusted to the [Z.] , which was to invest the funds in the interest of [C.] and on its instructions. Therefore, there can be no talk of an enrichment of [C.] to the extent of the refunded deposit, which would be a prerequisite for the assumption of misappropriation. Furthermore, the appellant granted the loans in his capacity as an officer of the [Z.] , so that the actions would fall under the…