Facts
The complainant, [A.] , offered Reka checks, gold Vreneli or gold bars on various internet sales platforms in the period from December 2016 to May 2018 with fraudulent intent at a price below the nominal or exchange value against prepayment for purchase. He used the funds transferred by a total of 41 injured parties in the amount of CHF 118'232.30 to pay bills and debts, purchase food, petrol and other goods, and for gambling.
The District Court of Bülach found [A.] guilty of professional fraud and sentenced him to an unconditional prison sentence of 20 months. The High Court of the Canton of Zurich confirmed the first-instance judgment and sentenced [A.] to an unconditional prison sentence of 17 months.
[A.] lodges a complaint in criminal matters and requests that he be acquitted of guilt and penalty, the seized funds be returned to him, and the claims for damages by the private plaintiffs be fully dismissed.
Considerations
The Federal Court has dismissed the complaint, insofar as it can be considered. The complainant had claimed that he was fully incapable of guilt during the period in question due to his pathological gambling addiction within the meaning of Art. 19 para. 1 SCC. However, the Federal Court has found that the lower court rightly assumed that there is no question of pathological gambling that dominates the person's life and leads to the decline of social, professional, material, and family values and obligations.
The Federal Court has also dismissed the complaint of a violation of federal law by the lower court, because it did not refer the claims for damages to the civil court. The lower court rightly decided on the claimed damages in application of Art. 126 para. 1 lit. a CrimPC and there…