Facts
[Z.] together with [Y.] and [X.] purchased over 100 properties in the cantons of St. Gallen, Thurgau and Schaffhausen between 2000 and 2004. They then resold these properties to subsequent buyers at greatly inflated prices, having lured them in through newspaper advertisements and promises of quick profits. The subsequent buyers financed the properties through mortgage loans, which they obtained through deception of the lenders by means of false information and forged documents, with the involvement of [Z.] , [Y.] and [X.] . In most cases, this led to enforcement proceedings, resulting in loss and lien default certificates.
The District Court of Wil and the Cantonal Court of St. Gallen convicted [Z.] of commercial fraud, forgery, obtaining a false certification, tax fraud and money laundering, and sentenced him to a custodial sentence of 36 months, of which 12 months were to be served unconditionally.
Considerations
The lower court extensively justified the conviction of the appellant [Z.] . It based this on the detailed explanations of the first instance, as the appellant in the appeal proceedings did not engage in depth with the individual charges, but merely presented in a generalized and blanket manner why the incriminated conduct was not constitutive of the offence.
The Federal Supreme Court considers the requirements for the assumption of a series offence as not fulfilled, as the individual cases are not factually identical.…