Kernrechtsfrage
Whether the appellant was a third-party acquirer protected by Art. 70(2) StGB or merely a direct beneficiary of the offence.
Extrahierter Entscheid
The appellant was a third-party acquirer. The assets first vested in the perpetrator in a logical instant before being credited to the appellant, so he acquired them after the offence and not directly through it.
Extrahierte Begründung
For Art. 70(2) StGB, the relevant distinction is whether the value first passed to another patrimony after the offence. Direct payment by the bank at the offender's instruction did not eliminate the derivative acquisition; the appellant was not directly enriched by the offence itself.