Questão jurídica principal
Whether the bonus payment constituted embezzlement of entrusted assets under Art. 138 StGB
Decisão extraída
Yes. The funds were entrusted, the payment contravened the applicable bonus procedure, and the defendant used entrusted assets unlawfully for his own benefit.
Fundamentação extraída
A bank account may be entrusted even if the holder only has collective signing authority. The employer had delegated joint control over the funds, and the defendant could act without the treugeber’s immediate cooperation. The bonus was paid before the applicable procedure was completed and exceeded the amount due under the valid system.