Facts
The appellant [X.] was convicted by the High Court of the Canton of Zurich for multiple counts of fraud, embezzlement, unlawful detention and other offenses to a prison sentence of 3 years and 6 months as well as to a conditionally enforceable fine of 180 daily rates of CHF 30.--. [X.] appealed against this judgment and requested its annulment and the remittal of the case to the lower court.
The lower court had convicted the appellant for multiple counts of fraud, embezzlement, unlawful detention and other offenses. The appellant had, among other things, submitted false invoices to obtain insurance benefits and had committed embezzlement by accepting money from customers for a trip and not refunding it.
The appellant claimed that the conviction for embezzlement and violation of the RTA was unlawful and that the sentencing was arbitrary. He requested the annulment of the judgment and the remittal of the case to the lower court.
Considerations
The Federal Court examined the appeal and came to the conclusion that the conviction for embezzlement and violation of the RTA was partially unlawful. The court found that the lower court had not applied the offense of embezzlement correctly and that the violation of the RTA was partially time-barred.
However, the court found that the conviction for fraud and unlawful detention was lawful. The appellant had submitted false invoices to obtain insurance benefits and had committed unlawful detention by making a false accusation.
The court also…