Facts
X. is accused of having, on February 28, 2008, in the office premises of his A. AG, drafted a confirmation of the examination of the foundation report within the meaning of Art. 635a CO on the letterhead of B. AG for the attention of the C. GmbH, which was in the process of being established in Flawil, and having scanned the original signature of D. onto this letter. He then allegedly transferred the document thus created in the form of a color scan to E. Consulting, Frauenfeld, which was entrusted with the establishment of C. GmbH, for the attention of the Commercial Register Office of St. Gallen.
The single judge in criminal matters of the district of Hinwil found X. guilty of forgery of a document within the meaning of Art. 251 para. 1 and 2 of the Swiss Criminal Code (StGB) in a judgment dated March 17, 2010 and sentenced him to a fine. The High Court of the Canton of Zurich confirmed the first-instance judgment on the criminal and guilt points on September 24, 2010.
X. lodges a criminal law appeal with the Federal Supreme Court, requesting that the contested judgment be set aside and that the respondent be ordered to pay him compensation for the previous instance proceedings.
Considerations
The Federal Supreme Court dismisses the appeal, insofar as it enters into it. According to the factual findings of the lower court, the appellant created the false examination confirmation as a file in an electronic data processing system as a collage with the letterhead of B. AG and the signature of D. scanned from another document. The appellant thus used D.'s genuine signature to create a document using the means of the computer and scanner and subsequently the printer, which was intended to give the deceptive impression that D. had himself drafted and signed the examination confirmation.
The Federal Supreme Court…