Kernrechtsfrage
Whether the taking constituted theft under Art. 139 StGB
Extrahierter Entscheid
No. The taking was not theft because the accused sought to secure an existing debt and the unlawful enrichment was not shown to exceed the owed amount.
Extrahierte Begründung
The court found that the value of the taken goods was not clearly higher than the complainant’s outstanding debt; therefore the intended enrichment was not unlawful within the meaning of theft.