Facts
The Criminal Court of the Canton of Lucerne convicted the appellant [A.] of fraud under Art. 146 para. 1 of the Swiss Criminal Code (StGB) to a conditional custodial sentence of 21 months and ordered him to pay CHF 290,000 in damages to the private plaintiffs [C.A.] and [B.A.]. On appeal by the appellant, the Cantonal Court of Lucerne upheld the finding of guilt and the obligation to pay damages, but reduced the custodial sentence to 18 months.
Considerations
The Federal Supreme Court considers the lower court's finding of guilt to be lawful. The appellant fraudulently deceived the respondents about the financial situation of his companies, the planned use of the loan, and the associated risk. He made false statements about the existence of a blocked account with CHF 2 million and the imminent takeover of tourism properties in Sweden. Although he was willing to repay, he spent the loan amount within only three months for other purposes, without ever submitting an application for EU subsidies. The Federal Supreme Court sees this as a fraudulent deception that fulfills the elements of fraud. The appellant also acted with the intent to enrich himself, as he was aware of the improved…