Facts
The appellant, [A.] , was convicted by the High Court of the Canton of Zurich for multiple embezzlement within the meaning of Art. 138 para. 1 SCC. He had sold several vehicles as a commissioner for the respondent 2, [B.] , including a Lamborghini Countach, a Ferrari 355, and two Chevrolet Corvettes. The appellant had not forwarded the purchase price to the respondent 2 in full, but had used it partially for his own purposes.
The appellant applied for a complaint in criminal matters to quash the judgment and acquit him. He argued that as a commissioner, he had the right to self-entry and that the purchase prices had not been entrusted to him.
Considerations
The Federal Court dismissed the complaint. It stated that the appellant, as a commissioner, was obliged to forward the purchase price to the principal immediately. The purchase price was entrusted to the appellant because he received it with the contractual obligation to forward it to the respondent 2.
The court found that the appellant had not declared the self-entry in an admissible manner, as he had not paid the purchase price in full. The appellant had not paid or not fully paid the purchase price for the Lamborghini and the Ferrari. The self-entry was also inadmissible because the appellant had not forwarded the purchase price to the respondent 2 immediately.
The court also rejected the appellant's objection that the lower court had acted arbitrarily by offsetting the CHF 30,000 transferred on May 22, 2013, against the outstanding amount of CHF…