Questione giuridica chiave
Whether the defendant committed repeated embezzlement by dealing with three forklifts of C.___ AG as his own.
Decisione estratta
Yes. The parties had in substance agreed on a rental arrangement; the forklifts remained foreign property and the defendant appropriated them by handing them to third parties.
Motivazione estratta
The contract wording as a sale was overridden by the special payment terms and the parties' clear intent. The defendant's version involving I.___ was contradicted and implausible. Thus the forklifts were fremd under Art. 138 StGB.