Kernrechtsfrage
Whether the conviction for creditor preference under Art. 167 StGB should be set aside.
Extrahierter Entscheid
The challenge was rejected to the extent it was sufficiently reasoned; the defendant failed to show any error in the cantonal court's reasoning that the asset transfers reduced the estate and harmed other creditors.
Extrahierte Begründung
The court held that even if first-class claims exceeded the proceeds obtainable from a free sale, this did not preclude creditor preference because the remaining assets were already insufficient to satisfy even those claims, let alone all creditors. By transferring substantial assets to Z. GmbH, the defendant knowingly diminished the estate and necessarily worsened the dividend for other creditors. Other complaints were either inadequately reasoned or not admissible because they attacked matters not judicially challenged below.