Kernrechtsfrage
Whether the defendant unlawfully used entrusted assets by paying himself and third parties beyond the agreed 30% profit share
Extrahierter Entscheid
The payments exceeded the agreed remuneration and were unlawful; the embezzlement conviction remained in principle, but the Court set aside the part concerning the contribution of C. amounting to USD 500,000.
Extrahierte Begründung
The management contracts only allowed a 30% profit participation. No further fees or expenses could be charged to the invested capital. However, the repayment/offset involving C.'s contribution could not qualify as embezzlement because that amount was entrusted to the company and its return did not constitute enrichment in the relevant sense.