Facts
The Office of the Attorney General of the Canton of Zurich filed an appeal against the judgment of the High Court of the Canton of Zurich dated March 13, 2007, in which the respondent [X.] was acquitted of the charge of multiple misappropriation. The respondent, as the managing director of the companies [A. SA] and [B. AG] , had received advance payments totaling CHF 165 from 88 interested parties for the purchase of planned single-family homes between November 1998 and August 2000, but had not used these funds as agreed to complete the land purchase and construction contracts, but had used them to bridge the payment difficulties of his companies. The District Court of Bülach had therefore found the respondent guilty of multiple misappropriation, but the High Court of the Canton of Zurich had acquitted him of the charge of misappropriation.Considerations
The Federal Supreme Court sets aside the judgment of the High Court and remands the case for a new assessment to the lower court. It concludes that the advance payments made by the interested parties upon reservation were entrusted to the respondent's companies within the meaning of Art. 138 SCC. Although the companies were not the sellers of the properties and single-family homes, but merely intermediaries who were to mediate the conclusion of the purchase and construction contracts, the advance payments of the interested parties were to be qualified as advance payments on the purchase price or contract price and had to be…