Questão jurídica principal
Whether the defendant committed multiple embezzlement under Art. 138 StGB.
Decisão extraída
The investor funds were entrusted assets subject to a duty of preservation and were used contrary to the agreed purpose for personal needs; the elements of multiple embezzlement were fulfilled.
Fundamentação extraída
The company received the money to invest it in shares; the funds were economically чужd and had to be used in a specific way for the investors. The riskiness of the intended investment did not exclude an entrusted relationship, because no investment was made at all.