Facts
The appellant [X.] was convicted of fraud by the High Court of the Canton of Aargau, after he had taken out a private loan of CHF 60,000.-- by making false statements in the loan application that he earned CHF 8,806.40 per month. The appellant does not dispute the facts of the indictment, but claims that the offense of fraud is not fulfilled.
The lower court had convicted the appellant of fraud, as he had deceived the bank about his income and thus caused a risk to its assets. The appellant had argued, however, that he had taken out the loan as a bridging loan to offset large losses from debtors and that he had not deceived the bank about his income or employment relationship.
Considerations
The Federal Court acquitted the appellant of the charge of fraud, as the offense of fraud was not fulfilled. The court found that the appellant had not deceitfully deceived the bank, as he had not deceived the bank about his income or employment relationship. Furthermore, the appellant had taken out the loan as a bridging loan to offset large losses from debtors and not with the intention of enrichment.
The court also found that the lender had to attribute the partial payment default to its own negligence, as it had only requested a…