Kernrechtsfrage
Whether the elements of fraudulent obtaining of a false certification under Art. 253 CP were met.
Extrahierter Entscheid
Yes. The notarized deed was an authentic instrument; the false statement that the price had already been paid was legally relevant and objected to proof a fact with legal significance, and the notary was induced to record it falsely.
Extrahierte Begründung
The Court held that the legal probative force of the deed under Art. 9 CC was irrelevant. It was enough that the false statement in an authentic instrument was objectively apt to prove a fact with legal significance and that the accused intentionally induced the notary to record it.