Procuring a false certification by deceiving a notary

Facts

The appellant, [X.] , was found guilty by the High Court of the Canton of Zurich of procuring a false certification pursuant to Art. 253 para. 1 SCC and sentenced to a conditional fine of 25 daily rates of CHF 600.-- and a fine of CHF 3'000.--. The appellant had signed a subscription certificate for the capital increase of [A. AG] on 6 December 2006 as a member of the board of directors, although he did not have an explicit power of attorney or signing authority. The lower court assumed that the appellant had signed the subscription certificate although he knew that he was not acting as a representative of the [E.] brothers and that the [E.] brothers were not willing to subscribe to the shares.

The appellant lodged a complaint and requested that the contested decision be set aside and that he be acquitted. He argued that the lower court had arbitrarily established the facts and that the subscription certificates had not been signed in someone else's name, but with his own signature.

Considerations

The Federal Court examined the complaint and came to the conclusion that the lower court had not arbitrarily established the facts. The lower court had established that the appellant had signed the subscription certificate although he knew that he was not acting as a representative of the [E.] brothers and that the [E.] brothers were not willing to subscribe to the shares.

The Federal Court found that the appellant had, by deceiving the notary, pretended the legally relevant fact of the valid subscription of all shares according to the attached subscription certificate. The…