Conviction of the owner of a dairy for commercial fraud and commercial sale of goods of reduced value

Facts

A. Gimmi, the owner of a dairy in Frauenfeld, sold the surplus milk from the milk powder factory in Sulgen. In around 120 cases, he had removed cream with an average weight of 8.5 kg from the surplus milk that was delivered as fully valuable.

B. The District Court of Frauenfeld found Gimmi guilty of continued and repeated commercial fraud (Art. 153 para. 2 SCC) and continued and repeated commercial sale of goods of reduced value (Art. 154 no. 1 para. 2 SCC) and sentenced him to a conditional prison sentence of six months and a conditional fine of 1,000 francs. The High Court of the Canton of Thurgau confirmed this judgment.

C. Gimmi is filing a nullity appeal against the High Court's judgment and denies having committed the criminal acts commercially.

Considerations

1. According to the case law of the Federal Supreme Court, a person acts commercially if they commit the act repeatedly with the intention of earning an income and with the willingness to act against an indefinite number of people. The High Court has found that Gimmi had this willingness, even though he has only offended against the milk powder factory.

The…