Facts
X., the managing director of company X., requested the cantonal employment office in Solothurn to pay bad weather compensation for weather-related work stoppages at the construction sites in Bellach, Riedholz and Derendingen during the months of January, February and March 1986. Based on these applications and the submitted reports and accounts, company X. received bad weather compensation amounting to a total of CHF 61,043.55 on May 12, 1986. X. is accused of having provided false information on the documents submitted to the employment office and thus having unlawfully received insurance benefits amounting to CHF 40,243.20.
Considerations
The Federal Supreme Court decided that the submission of content-wise untrue control cards (time cards) of the employees for the purpose of fraudulently obtaining bad weather compensation constitutes fraudulent deception. The fraudulent obtainment of bad weather compensation through fraudulent deception is to be punished as fraud pursuant to Art. 148 of the Swiss Criminal Code (StGB) and not as insurance fraud pursuant to Art. 14 of the Swiss Misdemeanors Act (VStrR). However, in determining the sentence, it can be taken into account that insurance fraud pursuant to Art. 14 VStrR is punished less severely than fraud under Art. 148 StGB.
The Federal…